DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Education Union New South Wales Teachers Federation Branch T/A AEU (NSW)
(AG2016/985)

AUSTRALIAN EDUCATION UNION NEW SOUTH WALES TEACHERS FEDERATION BRANCH - AGREEMENT FOR LIBRARIAN AND DEPUTY LIBRARIAN 1 JANUARY 2016 TO 31 DECEMBER 2016

Clerical industry
COMMISSIONER LEE	MELBOURNE, 23 MAY 2016

Application for approval of the Australian Education Union New South Wales Teachers Federation Branch - Agreement for Librarian and Deputy Librarian 1 January 2016 to 31 December 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Education Union New South Wales Teachers Federation Branch - Agreement for Librarian and Deputy Librarian 1 January 2016 to 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 30 May 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 applied for approval of an agreement concerning Librarians and Deputy Librarians for the period between 1 January 2016 and 31 December 2016. The application was heard by the Fair Work Commission, an Australian labour tribunal.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009. The Commission had to assess whether the agreement met the criteria for being a registered agreement, including whether it was in the best interests of the employees and did not discriminate unfairly. The secondary issue was whether the application process had been conducted correctly and whether the application was made in good faith.

The Fair Work Commission found that the proposed agreement was in compliance with the Fair Work Act 2009. The Commission concluded that the agreement was in the best interests of the employees and did not contain any discriminatory provisions. The Commission also found that the application process had been conducted correctly and that the application was made in good faith.

The Commission approved the agreement, and it became registered under the Fair Work Act 2009. The agreement provided for the terms and conditions of employment for Librarians and Deputy Librarians during the specified period. The Commission's decision was final and binding, and no further appeal was possible.

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