New South Wales Teachers Federation Summary

[2013] FWCA 5355

FAIR WORK COMMISSION

DECISION

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

New South Wales Teachers Federation
(AG2013/2139)

NSW TEACHERS FEDERATION - AGREEMENT FOR LIBRARIAN AND DEPUTY LIBRARIANS

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 6 AUGUST 2013

Application for approval of the NSW Teachers Federation - Agreement for Librarian and Deputy Librarians.

[1] An application has been made for approval of an enterprise agreement known as the NSW Teachers Federation - Agreement for Librarian and Deputy Librarians (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the New South Wales Teachers Federation. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] United Voice, 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 is approved and, in accordance with s.54, will operate from 13 August 2013. The nominal expiry date is 31 December 2013.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case, the New South Wales Teachers Federation sought approval for an agreement concerning the roles of librarians and deputy librarians within the educational system. The matter was brought before the Fair Work Commission, which was tasked with reviewing the application and determining whether the proposed agreement met the necessary legal standards and requirements. The core of the dispute centred on whether the agreement adequately addressed the terms and conditions of employment for these positions, and whether it complied with relevant industrial relations laws.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically focusing on the provisions related to the approval of workplace agreements. The Commission had to consider whether the agreement provided for a fair and reasonable method of determining the remuneration and other conditions of employment for librarians and deputy librarians. It was also necessary to assess if the agreement complied with the principles of good faith bargaining and whether it provided adequate protections for the employees involved.

In its decision, the Commission examined the terms of the proposed agreement in detail, taking into account the specific needs and roles of librarians and deputy librarians within the educational framework. The Commission noted that the agreement provided a clear and comprehensive set of terms and conditions that addressed the unique aspects of these positions. It concluded that the agreement was fair and reasonable, and it complied with the requirements of the Fair Work Act. The Commission approved the application, highlighting the importance of the roles in question and the need for a specialised agreement that accurately reflected the nature of the work performed.

As a result of the decision, the Fair Work Commission granted approval for the New South Wales Teachers Federation Agreement for Librarian and Deputy Librarians, ensuring that these professionals would have a clear and fair framework governing their employment conditions. The Commission's decision underscored the importance of tailored agreements that appropriately address the distinct requirements and contributions of specific roles within the educational sector.

New South Wales Teachers Federation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established