Independent Education Union Of Australia - Queensland And Northern Territory Branch - [2025] FWCA 3279

[2025] FWCA 3279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union Of Australia - Queensland And Northern Territory Branch

(AG2025/3199)

INDEPENDENT EDUCATION UNION OF AUSTRALIA - QUEENSLAND AND NORTHERN TERRITORY BRANCH (IEUA-QNT) ORGANISING CALL CENTRE - COLLECTIVE AGREEMENT - 2025

Clerical industry
COMMISSIONER DURHAM	BRISBANE, 29 SEPTEMBER 2025

Application for approval of the Independent Education Union of Australia - Queensland and Northern Territory Branch (IEUA-QNT) Organising Call Centre - Collective Agreement - 2025

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 - 2025 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEUA-QNT) applied to the Fair Work Commission for the approval of their Organising Call Centre - Collective Agreement - 2025. The Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009 for approval. The Commission was also required to consider the application of the Australian Building and Construction Commission (ABCC) to the agreement.

The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement was genuinely a collective agreement, whether it was in the interests of the employees covered by the agreement, and whether it met the other criteria set out in the Act. The Commission also had to consider the application of the ABCC to the agreement.

The Commission found that the agreement was genuinely a collective agreement and that it was in the interests of the employees covered by the agreement. The Commission also found that the agreement met the other criteria for approval set out in the Fair Work Act. The Commission rejected the application of the ABCC to the agreement, finding that the agreement did not fall within the scope of the ABCC's jurisdiction.

The Commission approved the Organising Call Centre - Collective Agreement - 2025 for the IEUA-QNT. The agreement will now be registered and will have the force of a certified agreement under the Fair Work Act. The agreement will apply to the Organising Call Centre employees of the IEUA-QNT and will remain in force until it is terminated or superseded by a new agreement.

Independent Education Union Of Australia - Queensland And Northern Territory Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established