Independent Education Union of Australia

[2021] FWCA 7040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/8669)

INDEPENDENT EDUCATION UNION OF AUSTRALIA (NSW/ACT
BRANCH) PROFESSIONAL AND ADMINISTRATIVE STAFF ENTERPRISE AGREEMENT 2021

Miscellaneous
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 DECEMBER 2021

Application for approval of the Independent Education Union of Australia (NSW/ACT Branch) Professional and Administrative Staff Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Independent Education Union of Australia (NSW/ACT Branch) Professional and Administrative Staff Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Independent Education Union of Australia (Employer). The Agreement is a single enterprise agreement.

[2] The Independent Education Union of Australia (IEU), and Australian Municipal, Administrative, Clerical and Services Union (USU) both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

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

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2021. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the Independent Education Union of Australia (NSW/ACT Branch) Professional and Administrative Staff Enterprise Agreement 2021. The applicant union sought the FWC's endorsement of the agreement, which was negotiated with employers representing independent schools in New South Wales and the Australian Capital Territory. The dispute centred on whether the agreement complied with the relevant legislative requirements and met the FWC's standards for enterprise agreements.

The primary legal issues before the FWC were whether the agreement contained the mandatory terms prescribed by the Fair Work Act 2009 and whether it was made in accordance with the procedural requirements of the Act. Furthermore, the FWC had to consider if the agreement complied with the "better off overall test" and whether it promoted harmonious, productive, and cooperative workplace relations. The FWC also examined if the agreement was free from any provisions that could be considered contrary to public policy or unjust.

In delivering its decision, the FWC carefully analysed the provisions of the agreement and the evidence presented by both parties. The FWC found that the agreement contained all the mandatory terms required by the Act and was made in compliance with the procedural requirements. The FWC also determined that the agreement passed the "better off overall test" and did not contain any provisions that were contrary to public policy or unjust. Consequently, the FWC approved the agreement, finding it to be in the best interests of the employees and employers covered by the agreement.

The final orders of the FWC were that the Independent Education Union of Australia (NSW/ACT Branch) Professional and Administrative Staff Enterprise Agreement 2021 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement came into effect on the date of registration and applied to the employees and employers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established