DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/5096)

INDEPENDENT EDUCATION UNION (SOUTH AUSTRALIA) BRANCH ENTERPRISE AGREEMENT 2017

Clerical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the Independent Education Union (South Australia) Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Independent Education Union (South Australia) Branch Enterprise Agreement 2017 (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 agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 February 2018 and, in accordance with s.54, will operate from 9 February 2018. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Independent Education Union (South Australia) Branch, applied for the approval of its Enterprise Agreement 2017. The applicant is a registered organisation that represents employees in the independent education sector. The agreement seeks to govern the terms and conditions of employment for employees within the scope of the agreement. The application was heard by the Fair Work Commission.

The central legal issue the Commission was required to decide was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the mandatory terms set out in section 235 of the Act, and whether it was consistent with the object of providing for fair work practices. The Commission also needed to consider whether the agreement had been made in accordance with the relevant provisions of the Act.

The Fair Work Commission found that the agreement did contain all the mandatory terms required by section 235 of the Fair Work Act 2009. It also found that the agreement was consistent with the object of providing for fair work practices and had been made in accordance with the relevant provisions of the Act. The Commission concluded that the agreement was not unfair and approved it. The applicant's application was therefore successful.

Independent Education Union of Australia

DECISION

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Legal Principle Established