DECISION

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

Independent Education Union of Australia
(AG2019/3856)

IEUA-QNT CLERICAL STAFF COLLECTIVE AGREEMENT 2019

Clerical industry
COMMISSIONER SPENCER	BRISBANE, 18 OCTOBER 2019

Application for approval of the IEUA-QNT Clerical Staff Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the IEUA-QNT Clerical Staff Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia (Qld Branch) applied for approval of the IEUA-QNT Clerical Staff Collective Agreement 2019. The respondents to the application were the Independent Education Union of Australia (Qld Branch), as the applicant, and several employers, including the Independent Schools Queensland. The dispute centred around the terms and conditions of employment for clerical staff within the independent education sector in Queensland. The key legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009 and if it was consistent with the Act's objectives, including ensuring that the agreement promoted high levels of employment and workplace participation, and facilitated efficient workplace practices.

The Commission examined the proposed agreement against the criteria set out in the Fair Work Act, particularly focusing on whether it facilitated efficient workplace practices and promoted high levels of employment and workplace participation. It also considered whether the agreement provided for a fair and reasonable mechanism for resolving disputes and whether it included provisions that were contrary to public policy or that had an adverse effect on the operation of the labour market. The Commission found that the proposed agreement generally complied with the statutory requirements and was consistent with the objectives of the Fair Work Act. The Commission noted that while some provisions could be improved, the overall agreement did not contain any significant issues that would prevent its approval.

Consequently, the Commission approved the IEUA-QNT Clerical Staff Collective Agreement 2019. The decision emphasised the importance of the agreement in ensuring fair and reasonable terms and conditions for clerical staff within the independent education sector, while also promoting efficient workplace practices and high levels of employment and workplace participation. The Commission's decision ensures that the agreement will be a legally binding contract between the union and the employers, providing clarity and stability for both parties in their industrial relations dealings.

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