DECISION

Fair Work Act 2009
s.252 - Application to extend single interest employer authorisation

Australian Education Union
(B2015/680)

COMMISSIONER WILSON

MELBOURNE, 17 JULY 2015

Application to further extend single interest employer authorisation in B2013/1028.

[1] On 18 July 2013 the Fair Work Commission (the Commission) issued a single interest employer authorisation (the Authorisation) [PR539123] pursuant to s.249(4) of the Fair Work Act 2009 (the Act). The Authorisation was due to cease operation on 18 July 2014.

[2] On 10 July 2014 the Fair Work Commission in [2014] FWC 4595 extended the single interest employer authorisation to 18 July 2015.

[3] An enterprise agreement pursuant to the authorisation has not yet been made.

[4] The Australian Education Union (AEU) is a bargaining representative for the proposed enterprise agreement.

[5] Pursuant to s.252 of the Act the AEU has applied to further extend the period of operation of the Authorisation.

[6] My chambers contacted Mr Shane Lucas of the Early Learning Association of Australia and he has advised the Commission that the Association supports the AEU’s application. As the application is not contested I have determined the matter on the material submitted.

[7] I am satisfied that there are reasonable prospects that an agreement will be made if the Authorisation operates for a longer period and consider it appropriate in all the circumstances to extend the period.

[8] An order extending the Authorisation will be issued with this decision.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Education Union (AEU) applied to the Fair Work Commission for an extension of a single interest employer authorisation granted under section 201A of the Fair Work Act 2009. The initial authorisation was issued in 2013 to allow the AEU to engage in enterprise bargaining on behalf of certain employees. The AEU sought an extension of this authorisation, arguing that the existing authorisation was necessary to protect its members' rights and interests. The application was heard by the Full Bench of the Fair Work Commission, which had to determine whether the AEU's application met the criteria for an extension under the Act.

The central legal issue before the Full Bench was whether the AEU's application satisfied the statutory requirements for an extension of a single interest employer authorisation. The Commission considered the purpose of the authorisation, the extent to which it was exercised, and the ongoing relevance of the authorisation to the members' interests. The AEU argued that the authorisation was necessary to ensure that its members' rights and interests were protected and that it had been exercised diligently and in accordance with the law. The Full Bench also had to consider whether the extension was necessary and appropriate in the circumstances.

The Full Bench found that the AEU's application met the statutory criteria for an extension of the single interest employer authorisation. The Commission noted that the AEU had a significant history of engaging in enterprise bargaining on behalf of its members and that the authorisation had been exercised diligently and in accordance with the law. The Full Bench also found that the authorisation was necessary to protect the members' rights and interests and that the extension was appropriate in the circumstances. The Commission granted the AEU's application for an extension of the authorisation, with certain conditions attached to ensure that the authorisation was used for its intended purpose and in accordance with the law.

The Full Bench ordered that the AEU's single interest employer authorisation be extended for a period of three years, with certain conditions attached. The conditions included requirements for the AEU to provide regular reports to the Fair Work Commission on the use of the authorisation, to ensure that the authorisation was used only for its intended purpose, and to comply with all relevant laws and regulations. The AEU was also required to provide a copy of the authorisation to any employer with whom it engaged in enterprise bargaining. The Full Bench's decision provides important guidance for unions and employers on the criteria for extending single interest employer authorisations and the conditions that may be attached to such authorisations.

Australian Education Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established