NSW Teachers Federation

[2014] FWCA 5483

FAIR WORK COMMISSION

DECISION

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

NSW Teachers Federation
(AG2014/1704)

UNITED VOICE UNION NEW SOUTH WALES AND NEW SOUTH WALES TEACHERS FEDERATION - MAINTENANCE AGREEMENT

Miscellaneous
COMMISSIONER BULL	PERTH, 12 AUGUST 2014

Application for approval of the United Voice Union New South Wales and New South Wales Teachers Federation - Maintenance Agreement - undertakings provided.

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

Dispute settlement procedure

[2] In its correspondence to the Applicant and United Voice, being a bargaining representative for the Agreement, the Commission sought clarification with respect to clause 36 - Dispute Resolution, of the Agreement. In particular, sub clause 36.4 provides that an application may be made to the Industrial Relations Commission of New South Wales. Further, sub clause 36.5 provides that if the dispute is unable to be resolved the dispute may be referred to Fair Work Australia.

[3] The Applicant has clarified that under sub clause 36.4 the reference to the Industrial Relations Commission of New South Wales should read the Fair Work Commission and under sub clause 36.5 the reference to Fair Work Australia means the Fair Work Commission.

Undertakings

[4] Upon request from the Commission, the Applicant has provided undertakings with respect to clause 36 - Dispute Resolution, of the Agreement. In particular, that the dispute settlement procedure in the Agreement will apply to any disputes that arise in relation to the National Employment Standards as per s.186(6)(a)(ii) of the Act and that the dispute settlement procedure will allow for the representation of employees as per s.186(6)(b) of the Act.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] Pursuant to s.190(4) of the Act, the bargaining representative, United Voice, has been made aware of the undertakings provided. United Voice has not advised of any concerns with the undertakings provided.

[7] The Agreement will cover the employer’s maintenance employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

[8] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[9] 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 this organisation.

[10] The Agreements is approved. In accordance with section 54(1), the Agreement will operate from 19 August 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

In the recent case of the New South Wales Teachers Federation, the dispute was brought before the Fair Work Commission concerning the application for approval of a Maintenance Agreement between the United Voice Union New South Wales and the New South Wales Teachers Federation. The application sought to establish a framework for the ongoing management of the agreement, ensuring compliance with relevant labour laws and fostering a stable industrial environment.

The central legal issue that the Commission had to address was whether the Maintenance Agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the Agreement was in the best interests of the employees, would not undermine the industrial system, and if the terms were fair and reasonable. Additionally, the Commission considered the adequacy of the undertakings provided by the parties to ensure compliance with the terms of the Agreement.

The Fair Work Commission, after thorough examination, found that the Maintenance Agreement was in the best interests of the employees and did not undermine the industrial system. The Commission was satisfied that the Agreement was fair and reasonable, taking into account the nature of the work, the terms of the Agreement, and the undertakings provided by the parties. The Commission approved the Agreement, subject to the conditions outlined in the order, which included ongoing monitoring and reporting to ensure compliance with the terms of the Agreement.

Consequently, the Fair Work Commission granted approval for the Maintenance Agreement between the United Voice Union New South Wales and the New South Wales Teachers Federation, subject to the specific conditions and undertakings provided. This decision provides a clear framework for the management of the Agreement and aims to ensure the protection of employees' rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established