Independent Education Union Of Australia - Queensland And Northern Territory Branch T/A Independent Education Union Of Australia - Queensland And Northern Territory Branch - [2024] FWCA 1465

[2024] FWCA 1465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union Of Australia - Queensland And Northern Territory Branch T/A Independent Education Union Of Australia - Queensland And Northern Territory Branch

(AG2024/855)

IEUA-QNT CLERICAL STAFF COLLECTIVE AGREEMENT 2024

Clerical industry
DEPUTY PRESIDENT EASTON	SYDNEY, 22 APRIL 2024

Application for approval of the IEUA-QNT Clerical Staff Collective Agreement 2024

The Independent Education Union Of Australia - Queensland And Northern Territory Branch (the Employer) has made an application for the approval of the IEUA-QNT Clerical Staff Collective Agreement 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Australian Municipal, Administrative, Clerical and Services Union was a bargaining representative for the Agreement and 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 Union name.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2024. The nominal expiry date of the Agreement is 22 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of the Independent Education Union of Australia - Queensland and Northern Territory Branch, the Fair Work Commission (FWC) was tasked with reviewing and approving the IEUA-QNT Clerical Staff Collective Agreement 2024. The union sought approval of this agreement, which governs the employment terms and conditions for clerical staff within the specified branch of the union. The case revolved around ensuring that the collective agreement met the necessary standards under the Fair Work Act 2009, particularly in terms of good faith bargaining and compliance with minimum employment standards.

The primary legal issues before the FWC were whether the agreement was the product of genuine negotiations between the union and the employer, and whether it adhered to the statutory requirements for minimum terms and conditions of employment. Additionally, the FWC needed to determine if the agreement contained provisions that were unfair or otherwise detrimental to the employees it sought to cover. This involved a detailed examination of the negotiation process and the substantive terms of the agreement.

Upon reviewing the evidence and arguments presented, the FWC concluded that the agreement had been negotiated in good faith and contained no unfair provisions. The union had provided comprehensive documentation demonstrating the negotiation process and the mutual concessions made by both parties. Furthermore, the FWC found that the agreement met all the statutory requirements and provided appropriate minimum terms and conditions for the clerical staff. Based on these findings, the FWC approved the IEUA-QNT Clerical Staff Collective Agreement 2024.

The FWC's decision was delivered with a clear directive that the approved agreement would now be binding on all parties involved, effective from the date of approval. This outcome ensures that the clerical staff of the Independent Education Union of Australia - Queensland and Northern Territory Branch are provided with a fair and compliant employment agreement.

Independent Education Union Of Australia - Queensland And Northern Territory Branch T/A 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