NSW Teachers Federation

[2013] FWCA 4615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSW Teachers Federation
(AG2013/1541)

NSW TEACHERS FEDERATION - MAINTENANCE AGREEMENT 1 JANUARY 2011 - 31 DECEMBER 2013

Miscellaneous
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 JULY 2013

Application for approval of the NSW Teachers Federation - Maintenance Agreement 1 January 2011 - 31 December 2013.

[1] An application has been made for approval of an enterprise agreement known as the NSW Teachers Federation - Maintenance Agreement 1 January 2011 - 31 December 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the NSW Teachers Federation. 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 as are relevant to this application for approval have been met.

[3] United Voice - New South Wales Branch, 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) 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 18 July 2013. The nominal expiry date of the Agreement is 31 December 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the NSW Teachers Federation for approval of a Maintenance Agreement, which would cover the period from 1 January 2011 to 31 December 2013. The Federation sought to ensure that its members, who are teachers in New South Wales, would continue to receive adequate and fair terms and conditions of employment. The Commission was tasked with examining the application to determine whether it met the criteria set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the application satisfied the requirements for approval under section 178 of the Act. This included assessing whether the agreement would provide for the fair and equitable resolution of disputes between the Federation and employers, and whether it would promote industrial peace and harmony. The Commission also had to consider the impact of the agreement on the broader community, including its potential effect on the economy and public interest.

In its decision, the Commission found that the application met the necessary criteria for approval. The Commission noted that the agreement provided for a fair and efficient dispute resolution process, and that it would promote industrial peace and harmony. The Commission also found that the agreement would not have an adverse effect on the broader community, and that it was in the public interest to approve the application. The Commission therefore approved the Maintenance Agreement, and it came into effect on 1 January 2011.

The Fair Work Commission approved the Maintenance Agreement between the NSW Teachers Federation and employers, effective from 1 January 2011 to 31 December 2013. The Commission found that the agreement met the necessary criteria for approval under the Fair Work Act 2009, and that it would promote fair and equitable resolution of disputes, as well as industrial peace and harmony. The Commission also determined that the agreement would not have an adverse effect on the broader community and was in the public interest. The approval ensures that teachers in New South Wales will continue to have adequate and fair terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established