DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Education Union New South Wales Teachers Federation Branch T/A AEU (NSW)
(AG2017/6469)

AUSTRALIAN EDUCATION UNION NEW SOUTH WALES TEACHERS FEDERATION BRANCH STAFF COLLECTIVE AGREEMENT 2017-2019

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the Australian Education Union New South Wales Teachers Federation Branch Staff Collective Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Education Union New South Wales Teachers Federation Branch Staff Collective Agreement 2017-2019 (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 New South Wales Teachers Federation Branch T/A AEU (NSW). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility 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, United Voice, the Association of Professional Engineers, Scientists and Managers, Australia and the Media, Entertainment and Arts Alliance being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Education Union New South Wales Teachers Federation Branch, trading as the AEU (NSW), applied to the Fair Work Commission for the approval of the Australian Education Union New South Wales Teachers Federation Branch Staff Collective Agreement 2017-2019. The dispute centred around the terms and conditions of employment for teachers within the specified period. The Fair Work Commission, acting under the Fair Work Act 2009, was the judicial body tasked with reviewing and approving the collective agreement.

The central legal issues the Commission had to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act, and if it appropriately balanced the interests of both the employer and the employees. Specifically, the Commission needed to assess whether the agreement contained prohibited content, if it was made in good faith and without coercion, and whether it complied with the relevant minimum standards. The Commission also needed to determine if the agreement fairly reflected the bargaining positions of both parties.

In its decision, the Commission found that the agreement met the criteria for approval under the Fair Work Act. It held that the agreement was made in good faith and without coercion, and that it did not contain any prohibited content. The Commission further found that the agreement adequately reflected the bargaining positions of both parties and complied with the relevant minimum standards. Consequently, the Commission approved the collective agreement, noting that it provided a fair and reasonable framework for the employment of teachers within the specified period.

The Fair Work Commission approved the Australian Education Union New South Wales Teachers Federation Branch Staff Collective Agreement 2017-2019, deeming it compliant with the statutory requirements and fair to both parties. This approval ensures that the terms and conditions of employment for teachers within the specified period are legally sound and balanced.

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