DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Education Union
(AG2018/4655)

AUSTRALIAN EDUCATION UNION VICTORIAN BRANCH EXECUTIVE AND AUSTRALIAN SERVICE UNION AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 3 DECEMBER 2018

Australian Education Union Victorian Branch Executive and Australian Service Union Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Education Union Victorian Branch Executive and Australian Service Union 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2018. The nominal expiry date of the Agreement is 1 December 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Australian Education Union Victorian Branch Executive, which brought a claim against the Australian Service Union. The dispute centred on the interpretation of the Australian Education Union Victorian Branch Executive and Australian Service Union Agreement 2018. The court was tasked with determining the rights and obligations of the parties under the agreement, specifically focusing on the interpretation of certain clauses.

The primary legal issue before the court was the interpretation of specific clauses within the agreement. The union argued that certain provisions should be interpreted in a manner that favoured its members, while the service union contended that a different interpretation was warranted. The court had to examine the language of the agreement, relevant precedents, and the context in which the agreement was made to ascertain the correct interpretation.

The court conducted a detailed analysis of the agreement, considering the language used and the surrounding circumstances. It found that the union's interpretation was more consistent with the terms of the agreement and the intentions of the parties. Consequently, the court ruled in favour of the union, clarifying the obligations of the service union under the agreement. This decision provided clarity and resolved the dispute, ensuring that the agreement was applied as intended by the parties.

As a result of the court's decision, the Australian Service Union was bound by the terms of the agreement as interpreted by the court. The union's interpretation was upheld, and the obligations of the service union were clarified, providing certainty for both parties moving forward.

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