Australian Education Union T/A Australian Education Union Victorian Branch

[2021] FWCA 6663

[2021] FWCA 6663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Education Union T/A Australian Education Union Victorian Branch
(AG2021/8121)

AUSTRALIAN EDUCATION UNION VICTORIAN BRANCH EXECUTIVE AND AUSTRALIAN SERVICE UNION AGREEMENT 2021

Clerical industry
COMMISSIONER O'NEILL	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the Australian Education Union Victorian Branch Executive and Australian Service Union Agreement 2021

[1] The Australian Education Union has applied for approval of an enterprise agreement known as the Australian Education Union Victorian Branch Executive and Australian Service Union Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Australian Municipal, Administrative, Clerical and Services Union 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 7.5 – Hours of work;

•  Clause 16.1.2 – Annual Leave;

•  Clause 16.2 – Public Holidays;

•  Clause 16.3.2(iii) – Personal Leave;

•  Clause 16.7 – Compassionate and Bereavement Leave;

•  Clause 16.8.6 – Long Service Leave;

•  Clause 28.5.2 – Probation;

•  Clause 30.10 – Discipline Process; and

•  Clause 31.4.1 – Severance Payments.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2021. The nominal expiry date of the Agreement is 1 December 2023.

COMMISSIONER

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Annexure A