Australian Education Union T/A Australian Education Union Victorian Branch

[2024] FWC 1764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Education Union T/A Australian Education Union Victorian Branch

(AG2024/2328)

AUSTRALIAN EDUCATION UNION VICTORIAN BRANCH AND THE AUSTRALIAN SERVICE UNION AGREEMENT 2024

Clerical industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 5 JULY 2024

Application for approval of the Australian Education Union Victorian Branch and the Australian Service Union Agreement 2024

An application has been made for approval of an enterprise agreement known as the Australian Education Union Victorian Branch and the Australian Service Union Agreement 2024 (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 T/A Australian Education Union Victorian Branch. The Agreement is a single enterprise agreement.

The Applicant incorrectly completed and filed an old Form F17A, noting that notification occurred after 6 June 2023. Pursuant to s.586 of the Act, I am satisfied that the irregularity in the form should be waived and that it is appropriate to do so.

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.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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. The ASU support approval of the Agreement and are of the view that the Agreement passes the better off overall test.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2024. The nominal expiry date of the Agreement is 1 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Education Union, trading as the Australian Education Union Victorian Branch, and the Australian Service Union were parties to an application before the Fair Work Commission, seeking approval of their 2024 agreement. The nature of the dispute involved the interpretation and approval of the terms of an industrial agreement that aimed to regulate the employment conditions of teachers and support staff within the education sector in Victoria. The Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained provisions that were consistent with the objectives of the Fair Work Act, specifically whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the good faith bargaining requirements. The Commission had to consider whether the agreement adequately balanced the interests of both employers and employees, and whether it met the criteria for good faith negotiations.

In delivering its decision, the Commission examined the content of the agreement in detail. The agreement was found to provide for fair and reasonable terms and conditions that reflected the parties' negotiations. It included provisions on wages, working hours, leave entitlements, and other employment conditions. The Commission also found that the agreement was the product of good faith bargaining, as evidenced by the process undertaken by the parties to reach the agreement. Consequently, the Commission approved the agreement, recognising it as a fair and reasonable outcome for both parties involved.

The Fair Work Commission approved the 2024 agreement between the Australian Education Union Victorian Branch and the Australian Service Union. The decision confirmed that the agreement met the necessary legal standards under the Fair Work Act, and it was appropriate for the Commission to grant its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established