DECISION

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

Australian Education Union
(AG2014/10155)

AUSTRALIAN EDUCATION UNION VICTORIAN BRANCH EXECUTIVE AND AUSTRALIAN SERVICE UNION AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 12 DECEMBER 2014

Application for approval of the Australian Education Union Victorian Branch Executive and Australian Service Union Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Australian Education Union. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Services Union, Victorian Private Sector Branch 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 December 2014. The nominal expiry date is 1 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Education Union Victorian Branch and the Australian Service Union sought approval of their 2014 agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The primary legal issue before the Commission was whether the 2014 agreement met the requirements for approval under the Fair Work Act, particularly focusing on whether it adhered to the principles of good faith bargaining and the protection of employees' rights.

The Commission examined the process through which the agreement was negotiated and the content of the agreement itself. It considered whether the parties had engaged in genuine bargaining and if the agreement provided fair terms and conditions for employees. The Commission noted that the negotiations were conducted in good faith, with both parties making genuine efforts to reach a consensus. Additionally, the Commission assessed whether the agreement complied with the provisions of the Fair Work Act, including the protection of employees' rights and interests.

After thorough consideration, the Commission determined that the 2014 agreement was consistent with the principles of good faith bargaining and adequately protected employees' rights. The Commission found that the negotiation process was fair, and the terms of the agreement were reasonable and in line with the legislative framework. Consequently, the Commission approved the agreement, affirming its compliance with the statutory requirements.

The Fair Work Commission approved the Australian Education Union Victorian Branch Executive and Australian Service Union Agreement 2014, recognising its alignment with the Fair Work Act and the fair treatment of employees. The decision underscores the importance of genuine bargaining and the protection of employee rights in the approval of industrial agreements.

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