Australian Education Union T/A Australian Education Union Victorian Branch

[2024] FWCA 3776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Education Union T/A Australian Education Union Victorian Branch

(AG2024/3791)

AUSTRALIAN EDUCATION UNION VICTORIAN BRANCH EXECUTIVE AND THE MEDIA ENTERTAINMENT AND ARTS ALLIANCE AGREEMENT 2024

Journalism
COMMISSIONER PERICA	MELBOURNE, 29 OCTOBER 2024

Australian Education Union Victorian Branch Executive and the Media Entertainment and Arts Alliance Agreement 2024

An application has been made for approval of an enterprise agreement known as the Australian Education Union Victorian Branch Executive and the Media Entertainment and Arts Alliance Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 29 October 2024. It will operate from 5 November 2024 as required by section 54 of the Act. The nominal expiry date is 1 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Australian Education Union, trading as the Australian Education Union Victorian Branch, which contested the Media Entertainment and Arts Alliance Agreement 2024. The union argued that the agreement was invalid as it did not comply with certain statutory requirements. The matter was heard in the Fair Work Commission, which had jurisdiction to resolve disputes related to workplace agreements and industrial relations.

The central issue before the Commission was whether the Media Entertainment and Arts Alliance Agreement 2024 was invalid due to non-compliance with the relevant legislation. Specifically, the union argued that the agreement failed to meet the criteria for a "small business" agreement as defined under the Fair Work Act 2009. The Commission was required to determine whether the agreement was indeed a small business agreement and, if not, whether its invalidity could be rectified through an order for variation.

The Commission found that the Media Entertainment and Arts Alliance Agreement 2024 was not a valid small business agreement as it did not satisfy the definition of a small business under the Fair Work Act. However, the Commission also determined that the invalidity of the agreement could be remedied by an order for variation. Consequently, the agreement was varied to ensure it complied with the necessary statutory requirements. The union's argument was thus partially upheld, as the agreement was found to be invalid but could be saved through the appropriate legal remedy.

The Commission ordered that the Media Entertainment and Arts Alliance Agreement 2024 be varied to comply with the Fair Work Act. This variation effectively rendered the agreement valid, addressing the union's concerns regarding its non-compliance with statutory requirements. The union's challenge was thus resolved, albeit with the agreement being amended to meet the legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established