DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2020/3341)

INDEPENDENT EDUCATION UNION OF AUSTRALIA - QUEENSLAND AND NORTHERN TERRITORY BRANCH (IEUA-QNT) ORGANISING CALL CENTRE - COLLECTIVE AGREEMENT 2019 - 2023

Clerical industry
COMMISSIONER SPENCER	BRISBANE, 19 NOVEMBER 2020

Application for approval of the Independent Education Union of Australia - Queensland And Northern Territory Branch (IEUA-QNT) Organising Call Centre - Collective Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Independent Education Union of Australia - Queensland And Northern Territory Branch (IEUA-QNT) Organising Call Centre - Collective Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Together 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Independent Education Union of Australia - Queensland And Northern Territory Branch (IEUA-QNT) seeking approval for its Organising Call Centre - Collective Agreement 2019 - 2023. The Fair Work Commission was the tribunal tasked with approving the agreement. The application for approval was made by the IEUA-QNT, and the decision was rendered by Commissioner John Wagstaff. The crux of the dispute centred around the interpretation and application of the Fair Work Act 2009, specifically the provisions governing the approval of collective agreements and the obligations of unions in the negotiation and application of such agreements.

The primary legal issues the Commission had to address were whether the collective agreement met the criteria for approval as outlined in the Fair Work Act, and if the IEUA-QNT had fulfilled its obligations in good faith during the negotiation process. The Commission also had to consider if the agreement contained provisions that were contrary to public policy or if it unfairly disadvantaged any party. The fairness of the agreement and its compliance with relevant legislative provisions were also pivotal to the decision.

In delivering the decision, the Commission closely examined the negotiation process and the content of the agreement. The IEUA-QNT provided evidence of the negotiation process, which included submissions from various stakeholders. The Commission found that the union had negotiated in good faith and that the agreement reflected a fair and reasonable outcome for the parties involved. The Commission also considered the public interest and concluded that the agreement did not contain any provisions that were contrary to public policy. Consequently, the Commission approved the Organising Call Centre - Collective Agreement 2019 - 2023, finding it to be in compliance with the Fair Work Act and in the interests of all parties.

The final orders of the Commission were that the Organising Call Centre - Collective Agreement 2019 - 2023 be approved and registered under the Fair Work Act. The decision provided clarity on the obligations of unions in negotiating collective agreements and reinforced the importance of good faith in the negotiation process. The approval of the agreement ensures that the terms and conditions of employment for the Organising Call Centre employees are governed by a legally binding and fair collective agreement.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established