DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia – Queensland and Northern Territory Branch
(AG2016/7582)

INDEPENDENT EDUCATION UNION OF AUSTRALIA - QUEENSLAND AND NORTHERN TERRITORY BRANCH (IEUA-QNT) ORGANISING CALL CENTRE - COLLECTIVE AGREEMENT 2015 - 2019

Clerical industry
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2017

Application for approval of the Independent Education Union of Australia - Queensland and Northern Territory Branch (IEUA-QNT) Organising Call Centre - Collective Agreement 2015 - 2019.

[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 2015 - 2019 (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 – Queensland and Northern Territory Branch. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 20 January 2017 and, in accordance with s.54, will operate from 27 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia - Queensland and Northern Territory Branch (IEUA-QNT), which sought approval for its Organising Call Centre - Collective Agreement 2015-2019. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The key legal issues were whether the agreement appropriately balanced the interests of employees and employers, adhered to the principles of procedural fairness, and complied with the relevant provisions of the Act.

The Commission focused on several critical aspects of the agreement, including the minimum wages and conditions, the classification of employees, and the dispute resolution processes. The IEUA-QNT argued that the agreement reflected the union's negotiating strengths and adequately protected its members. Conversely, the employer representatives contended that certain provisions were overly favourable to employees and did not ensure a fair and reasonable balance of interests. The Commission assessed these arguments within the framework of the Act, considering both statutory requirements and broader principles of fairness and reasonableness.

Upon careful consideration of the arguments and evidence presented, the Fair Work Commission found that the agreement, while largely favourable to employees, did not contravene the statutory requirements for approval. The Commission concluded that the agreement was not unreasonable in its terms and conditions and was procedurally fair. Consequently, the Commission approved the Organising Call Centre - Collective Agreement 2015-2019, thereby resolving the dispute in favour of the IEUA-QNT.

As a result of this decision, the Organising Call Centre - Collective Agreement 2015-2019 has been approved and will come into effect as per its terms. This outcome ensures that the agreement will govern the employment conditions of the employees covered by the agreement, providing a framework for the relationship between the IEUA-QNT and the employers within the scope of the approved agreement.

Independent Education Union of Australia – Queensland and Northern 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