DECISION

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

Australian Education Union New South Wales Teachers Federation Branch T/A AEU (NSW)
(AG2016/986)

UNITED VOICE UNION NEW SOUTH WALES AND AUSTRALIAN EDUCATION UNION NEW SOUTH WALES TEACHERS FEDERATION BRANCH MAINTENANCE AGREEMENT 1 JANUARY 2016 - 31 DECEMBER 2016

Miscellaneous
COMMISSIONER LEE	MELBOURNE, 26 MAY 2016

Application for approval of the United Voice Union New South Wales and Australian Education Union New South Wales Teachers Federation Branch Maintenance Agreement 1 January 2016 - 31 December 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice Union New South Wales and Australian Education Union New South Wales Teachers Federation Branch Maintenance Agreement 1 January 2016 - 31 December 2016 (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 New South Wales Teachers Federation Branch T/A AEU (NSW). 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] The United Voice 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.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Education Union New South Wales Teachers Federation Branch, trading as AEU, sought approval for a Maintenance Agreement with the United Voice Union New South Wales, effective from 1 January 2016 to 31 December 2016. The application was made to the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was in the public interest and whether it complied with the requirements of the Fair Work Act.

The Commission examined the provisions of the proposed agreement, including the terms and conditions of employment, the dispute resolution mechanisms, and the process for renegotiating the agreement. The AEU argued that the agreement was necessary to ensure a stable industrial environment for teachers and to provide a mechanism for resolving disputes. The United Voice Union supported the application, arguing that the agreement would provide certainty for its members. The Commission found that the agreement was in the public interest as it would promote stability and reduce the potential for industrial action. The Commission also found that the agreement complied with the requirements of the Fair Work Act and approved the application.

The Fair Work Commission approved the application for the Maintenance Agreement between the United Voice Union New South Wales and the Australian Education Union New South Wales Teachers Federation Branch, effective from 1 January 2016 to 31 December 2016. The Commission found that the agreement was in the public interest and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided a mechanism for resolving disputes and promoting stability in the workplace. The Commission also noted that the agreement provided for the protection of the rights of both employers and employees. The Commission approved the application and ordered that the agreement be registered with the Fair Work Commission.

Australian Education Union New South Wales Teachers Federation Branch T/A AEU (NSW)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established