Australian Education Union Summary

[2013] FWCA 315

FAIR WORK COMMISSION

DECISION

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

Australian Education Union
(AG2012/13043)

AUSTRALIAN EDUCATION UNION VICTORIAN BRANCH EXECUTIVE (AEU) AND THE MEDIA ENTERTAINMENT AND ARTS ALLIANCE (MEAA) AGREEMENT 2012

Journalism
COMMISSIONER RIORDAN	SYDNEY, 16 JANUARY 2013

Application for approval of the Australian Education Union Victorian Branch Executive (AEU) and the Media Entertainment and Arts Alliance (MEAA) Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Australian Education Union Victorian Branch Executive (AEU) and the Media Entertainment and Arts Alliance (MEAA) Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Education Union Victorian Branch (the applicant). The Agreement is a single-enterprise agreement.

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

[3] The Media, Entertainment & Arts Alliance (the union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is two years after the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Education Union (AEU) and the Media Entertainment and Arts Alliance (MEAA) sought approval of their 2012 agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC) which is responsible for approving and rejecting agreements under the Act. The applicants argued that the agreement was suitable for registration as it contained appropriate terms and conditions that complied with the provisions of the Act.

The central issue before the FWC was whether the 2012 agreement complied with the requirements of the Fair Work Act. This required the FWC to assess the agreement's terms, including whether they met the "better off overall test" which requires that employees be no worse off financially and have at least the same rights as they would have under a national system of employment. The FWC also needed to consider whether the agreement was made in good faith, was free from coercion and whether it was properly negotiated.

In reaching its decision, the FWC considered the evidence provided by both parties and the relevant provisions of the Fair Work Act. The FWC found that the agreement met the "better off overall test" and was made in good faith and free from coercion. The FWC was satisfied that the agreement was properly negotiated and contained appropriate terms and conditions. Accordingly, the FWC approved the 2012 agreement under the Act.

The FWC approved the 2012 agreement between the AEU and MEAA, finding that it complied with the requirements of the Fair Work Act. The agreement was deemed to be in the best interests of the employees and met the "better off overall test." The FWC found that the agreement was made in good faith and free from coercion and that it contained appropriate terms and conditions. The approval of the agreement allows it to be registered with the Registrar of the Fair Work Commission and to have legal effect as a registered agreement under the Act.

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