NSW Teachers Federation Summary

[2014] FWCA 4953

FAIR WORK COMMISSION

DECISION

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

NSW Teachers Federation
(AG2014/1703)

NEW SOUTH WALES AND NEW SOUTH WALES TEACHERS FEDERATION - AGREEMENT FOR LIBRARIAN AND DEPUTY LIBRARIAN

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 24 JULY 2014

Application for approval of the New South Wales and New South Wales Teachers Federation - Agreement for Librarian and Deputy Librarian.

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

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

[3] United Voice 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The New South Wales Teachers Federation applied for approval of the New South Wales and New South Wales Teachers Federation - Agreement for Librarian and Deputy Librarian, which was the subject of an earlier decision. The application was heard by the Fair Work Commission, which had to decide whether the agreement was in the public interest and whether it should be approved.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, and if it was in the public interest to approve the agreement. The Commission had to consider the agreement's compliance with the relevant sections of the Act, including the requirement that the agreement be in the public interest. The Commission also had to consider whether the agreement was likely to have a significant impact on the public interest, and whether it would promote harmonious, productive and cooperative workplace relations.

The Commission found that the agreement complied with the relevant sections of the Fair Work Act 2009, and that it was in the public interest to approve the agreement. The Commission noted that the agreement had been negotiated in good faith between the parties, and that it provided for fair and reasonable terms and conditions of employment for librarians and deputy librarians. The Commission also noted that the agreement would promote harmonious, productive and cooperative workplace relations, and that it would not have a significant negative impact on the public interest. The Commission therefore approved the agreement.

The Fair Work Commission approved the New South Wales and New South Wales Teachers Federation - Agreement for Librarian and Deputy Librarian. The agreement was approved on the basis that it complied with the relevant sections of the Fair Work Act 2009, and that it was in the public interest to approve the agreement. The Commission noted that the agreement had been negotiated in good faith between the parties, and that it provided for fair and reasonable terms and conditions of employment for librarians and deputy librarians. The Commission also noted that the agreement would promote harmonious, productive and cooperative workplace relations, and that it would not have a significant negative impact on the public interest.

NSW Teachers Federation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established