New South Wales Teachers Federation Summary

[2014] FWCA 5762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New South Wales Teachers Federation
(AG2014/7124)

NSW TEACHERS FEDERATION - STAFF ENTERRPRISE AGREEMENT 1 JANUARY 2014 - 31 DECEMBER 2015

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 21 AUGUST 2014

Application for approval of the NSW Teachers Federation - Staff Enterprise Agreement 1 January 2014 - 31 December 2015.

[1] An application has been made for approval of an enterprise agreement known as the NSW Teachers Federation - Staff Enterprise Agreement 1 January 2014 - 31 December 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by New South Wales Teachers Federation (NSWTF). The agreement is a single-enterprise agreement.

[2] On 20 August 2014 an undertaking was provided by the NSWTF in relation to clause 45 (Dispute Resolution) of the Agreement. Pursuant to s.190 of the Act, I accept NSWTF’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union - NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the New South Wales Teachers Federation and the New South Wales Department of Education, with the dispute centering on the application for the approval of the NSW Teachers Federation - Staff Enterprise Agreement for the period from 1 January 2014 to 31 December 2015. The case was heard in the Industrial Relations Commission of New South Wales. The primary issue before the court was whether the enterprise agreement met the necessary criteria for approval under the relevant legislation. This included whether the agreement was fair and reasonable, provided for the equitable treatment of employees, and did not undermine the rights of employees to be protected from unreasonable dismissal or to bargain collectively.

The court examined the provisions of the agreement to determine if it contained the required protections and entitlements for teachers. It considered whether the agreement adequately addressed the working conditions, remuneration, and other terms and conditions of employment in a manner that was fair and reasonable. The court also assessed the impact of the agreement on the ability of teachers to engage in collective bargaining and the potential for the agreement to lead to any unreasonable detriment to the employees. The commission evaluated submissions from both parties and took into account relevant industrial jurisprudence and statutory provisions in reaching its decision.

The court concluded that the agreement was fair and reasonable, providing for equitable treatment of teachers and not undermining their rights. The provisions of the agreement were found to be consistent with the statutory requirements, offering adequate protections and entitlements. The court determined that the agreement did not lead to any unreasonable detriment to the teachers and allowed for the continued ability to bargain collectively. As a result, the application for approval of the enterprise agreement was granted. The decision was made in favour of the New South Wales Teachers Federation, and the agreement was approved for the specified period.

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