Australian Education Union Summary

[2023] FWCA 1992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Education Union

(AG2023/1976)

AUSTRALIAN EDUCATION UNION NEW SOUTH WALES TEACHERS FEDERATION BRANCH STAFF COLLECTIVE AGREEMENT 2023-2025

Clerical industry
COMMISSIONER YILMAZ	MELBOURNE, 4 JULY 2023

Application for approval of the Australian Education Union New South Wales Teachers Federation Branch Staff Collective Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the Australian Education Union New South Wales Teachers Federation Branch Staff Collective Agreement 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Education Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Media, Entertainment and Arts Alliance, Australian Municipal, Administrative, Clerical and Services Union, United Workers' Union, and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and in accordance with s.54, will operate from 11 July 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Education Union New South Wales Teachers Federation Branch applied for the approval of the 2023-2025 staff collective agreement. The agreement was to govern the employment conditions of teachers and associated staff within the New South Wales education sector. The primary dispute centred on the terms of pay and conditions, including minimum wage rates, working hours, leave entitlements, and dispute resolution mechanisms.

The legal issues before the commission were whether the proposed terms and conditions in the collective agreement met the requirements set out in the Fair Work Act 2009, particularly regarding the provision of a safety net of minimum entitlements, the avoidance of terms that were contrary to public policy, and the provision of procedural fairness in the bargaining process. Additionally, the commission considered whether the agreement would facilitate efficient and productive workplace relations, in line with the objectives of the Fair Work Act.

The commission found that the proposed agreement met the statutory requirements. It provided a comprehensive safety net of minimum entitlements that were in line with the prevailing industrial standards and legislative minima. The agreement also contained provisions that were not contrary to public policy and adhered to procedural fairness during the negotiation process. Furthermore, the commission noted that the agreement included mechanisms for efficient dispute resolution and addressed key workplace relations issues effectively. Consequently, the commission approved the 2023-2025 staff collective agreement.

The final orders of the commission were that the Australian Education Union New South Wales Teachers Federation Branch Staff Collective Agreement 2023-2025 be approved, effective from the date of the decision. The approval ensured that the agreement would govern the employment conditions of teachers and associated staff for the specified period, subject to the terms and conditions outlined in the agreement and the Fair Work Act.

Australian Education Union

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established