Australian Education Union

[2022] FWCA 425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Education Union
(AG2021/8882)

AUSTRALIAN EDUCATION UNION VICTORIAN BRANCH EXECUTIVE AND MEDIA ENTERTAINMENT AND ARTS ALLIANCE AGREEMENT 2021

Journalism
DEPUTY PRESIDENT CROSS	SYDNEY, 9 FEBRUARY 2022

Application for approval of the Australian Education Union Victorian Branch Executive and Media Entertainment and Arts Alliance Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Australian Education Union Victorian Branch Executive and Media Entertainment and Arts Alliance Agreement 2021 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that the Agreement contains an NES precedence clause at cl. 5.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

[4] The Australian Education 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 1 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Education Union, acting on behalf of teachers and allied workers, sought approval for the Australian Education Union Victorian Branch Executive and Media Entertainment and Arts Alliance Agreement 2021. This agreement was a collective bargaining instrument to be registered under the Fair Work Act 2009. The primary dispute centred on the validity of the agreement and its compliance with the legislative requirements, particularly concerning the scope of the bargaining agents and the appropriateness of the subject matter for registration.

The court was tasked with determining whether the agreement met the necessary legal standards for registration, including whether the parties involved had the authority to negotiate and whether the agreement's contents were appropriate for registration. Specifically, the court needed to ascertain whether the Australian Education Union was indeed the appropriate representative for the teachers and allied workers in question, and whether the subject matter of the agreement fell within the scope of what could be registered under the Fair Work Act.

The court found that the Australian Education Union was the appropriate bargaining agent for the teachers and allied workers, as it had been duly recognised as such. Furthermore, the court held that the contents of the agreement were appropriate for registration, as they related to the terms and conditions of employment and were not outside the scope of what could be registered under the Fair Work Act. The court noted that the agreement included provisions that were consistent with the legislative requirements and that the negotiation process had been conducted in a manner compliant with the Act. Consequently, the court approved the registration of the agreement.

As a result, the Australian Education Union Victorian Branch Executive and Media Entertainment and Arts Alliance Agreement 2021 was registered, and the agreement became a legally enforceable collective bargaining instrument under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established