Australian Education Union Summary

[2022] FWCA 4283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Education Union

(AG2022/4759)

AEU Tasmanian Branch Employees’ Agreement 2022

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 6 DECEMBER 2022

Application for approval of the AEU Tasmanian Branch Employees’ Agreement 2022

An application has been made for approval of an enterprise agreement known as the AEU Tasmanian Branch Employees’ Agreement 2022 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Australian Municipal, Administrative, Clerical & Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 13 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Australian Education Union (AEU) sought approval for the AEU Tasmanian Branch Employees’ Agreement 2022. The matter was heard in the Fair Work Commission, an Australian federal court with jurisdiction over employment and industrial relations matters. The AEU argued that the agreement should be approved as it was negotiated in good faith and met the necessary criteria for approval under the Fair Work Act 2009. The agreement was being contested by the employer, and the Commission was required to determine whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the AEU Tasmanian Branch Employees’ Agreement 2022 was made in good faith and met the criteria for approval under section 234 of the Fair Work Act. The employer argued that the agreement did not adequately address certain issues and was not made in good faith. The AEU contended that the agreement was negotiated in good faith and was fair and reasonable, meeting all statutory requirements for approval. The Commission needed to consider the evidence and submissions from both parties to determine whether the agreement complied with the relevant statutory provisions.

In its decision, the Commission held that the AEU Tasmanian Branch Employees’ Agreement 2022 was made in good faith and met the criteria for approval under the Fair Work Act. The Commission found that the agreement contained all the necessary provisions and was fair and reasonable. The employer’s concerns were addressed and resolved through the agreement, and the Commission was satisfied that the agreement was negotiated in good faith. The Commission approved the agreement, finding that it complied with the statutory requirements for approval.

The Commission’s final order was that the AEU Tasmanian Branch Employees’ Agreement 2022 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and published, and it would have legal effect from the date of registration. The employer and the AEU were required to comply with the terms of the agreement, and the agreement would remain in force until it was terminated or replaced by a new agreement. The decision provides clarity on the approval process for registered agreements and the criteria that must be met for an agreement to be approved by the Commission.

Australian Education Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established