DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch
(AG2021/5762)

INDEPENDENT EDUCATION UNION OF AUSTRALIA (NSW/ACT BRANCH) OFFICERS ENTERPRISE AGREEMENT 2020

Educational Services
DEPUTY PRESIDENT CROSS	SYDNEY, 23 JULY 2021

Application for approval of the Independent Education Union of Australia (NSW/ACT Branch) Officers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Independent Education Union of Australia (NSW/ACT Branch) Officers Enterprise Agreement 2021 (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 Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at clause 1 in relation to the title of the Agreement, and further erroneous formatting on page 1. On 5 July 2021 the Applicant filed an amended Agreement fixing the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Independent Education Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the matter were the Independent Education Union of Australia (New South Wales/Australian Capital Territory Branch) and the Fair Work Commission. The dispute centred around the approval of the Independent Education Union of Australia (NSW/ACT Branch) Officers Enterprise Agreement 2021. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal. The Union sought to have the Agreement recognised and enforced, while the Commission was tasked with ensuring the Agreement complied with the Fair Work Act 2009 and other relevant legislation.

The primary legal issues the Commission had to resolve were whether the Agreement was genuinely negotiated and whether it complied with the statutory requirements for approval under the Fair Work Act. Additionally, the Commission needed to assess if the Agreement met the standards for procedural fairness and if it contained provisions that were contrary to public policy or contrary to the overarching principles of the Fair Work Act. The Union argued that the Agreement had been fairly negotiated and that all procedural requirements were met. The Commission's role was to thoroughly examine the evidence and arguments presented by both parties to make a determination on these critical issues.

The Fair Work Commission found that the Agreement had been genuinely negotiated, with the Union demonstrating compliance with the necessary procedural requirements. The Commission also determined that the Agreement was consistent with the Fair Work Act and did not contravene any public policy considerations. The Commission approved the Independent Education Union of Australia (NSW/ACT Branch) Officers Enterprise Agreement 2021, affirming its enforceability under the Fair Work Act. The Union's application for approval was thus successful, and the Agreement was endorsed by the Fair Work Commission.

Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established