Australian Education Union

[2019] FWCA 5528

[2019] FWCA 5528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Education Union
(AG2018/7395)

AEU TASMANIAN BRANCH EMPLOYEES’ AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 AUGUST 2019

Application for approval of the AEU Tasmanian Branch Employees’ Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AEU Tasmanian Branch Employees’ Agreement 2018 (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] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The signed Agreement lodged in the Commission with the application contained an error referencing the Teaching Service (Tasmanian Public Sector) Award rather than the Clerks Private Sector Award 2010. The Applicant filed an amended copy of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Municipal, Administrative, Clerical and 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 9 August 2019 and, in accordance with s.54, will operate from 16 August 2019. The nominal expiry date of the Agreement is 15 August 2021.

DEPUTY PRESIDENT

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Annexure A