Independent Education Union of Australia

[2015] FWCA 6685

[2015] FWCA 6685

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2015/4952)

IEUA-QNT CLERICAL STAFF COLLECTIVE AGREEMENT 2015

Clerical industry
DEPUTY PRESIDENT SAMS	SYDNEY, 29 SEPTEMBER 2015

Application for approval of the IEUA-QNT Clerical Staff Collective Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by the Independent Education Union of Australia (IEUA) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the IEUA-QNT Clerical Staff Collective Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Municipal, Clerical and Services Union-Queensland Together Branch (‘Together’) and Ms P Lythall a nominated Employee Bargaining Representative (EBR). The Agreement is to cover 22 clerical employees employed by the IEUA. The Agreement does not cover Organisers, Industrial Staff or elected officials. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 3 July 2015, and voting for the Agreement’s approval took place 31 August and 1 September 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 13 of the 15 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 11 September 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr T Burke, Branch Secretary, identified the Clerks – Private Sector Award 2010 [MA000002] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Burkesaid that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instrument and that there are no less beneficial terms. The Agreement provides for higher rates of pay, enhanced redundancy entitlements, reduced weekly hours of work and more generous personal, long service and parental/adoption leave. Rates of pay are to be increased by 3% on 4 May 2015, 2.5% on 2 May 2016, 2.5% on 1 May 2017 and 2.5% on 7 May 2018. I am well satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 2.4 and 3.1 respectively, and a disputes resolution procedure at clause 3.2 provides for conciliation and arbitration, by the Commission, subject to the matter first being mediated by an agreed independent third party.

[4] At a hearing of the application on 21 September 2015, Mr J Spriggs appeared for the IEU and Ms P Lythall appeared in her capacity as EBR. Mr Spriggs outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. Ms Lythall supported the submissions of Mr Spriggs and confirmed that she was happy with the Agreement. Together did not appear at the hearing, but had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that Together is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the IEUA-QNT Clerical Staff Collective Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 28 September 2015 and have a nominal expiry date of 30 June 2019.

DEPUTY PRESIDENT

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