Queensland Independent Education Union of Employees Summary

[2014] FWCA 7085

The attached document replaces the document previously issued with the above code on 9 October 2014.

Included the word ‘Union’ in the name of the Agreement

JohnPosener

Associate to Commissioner Cargill

Dated 10 October 2014

[2014] FWCA 7085

FAIR WORK COMMISSION

DECISION

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

Queensland Independent Education Union of Employees
(AG2014/7638)

QUEENSLAND INDEPENDENT EDUCATION UNION (QIEU) ORGANISING CALL CENTRE COLLECTIVE AGREEMENT 2013-2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 9 OCTOBER 2014

Application for approval of the Queensland Independent Education Union (QIEU) Organising Call Centre Collective Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Independent Education Union (QUIE) Organising Call Centre Collective Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Queensland Independent Education Union of Employees. 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] The Australian Municipal, Administrative, Clerical and Services Union 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 16 October 2014. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Queensland Independent Education Union (QIEU) seeking approval for the Queensland Independent Education Union (QIEU) Organising Call Centre Collective Agreement 2013-2015. The matter was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the terms of the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement contained provisions that were contrary to the public interest or if it failed to comply with the principles of procedural fairness and good faith bargaining.

The FWC examined the contents of the agreement, including various provisions related to employment conditions, dispute resolution, and union activities. The Commission considered submissions from the QIEU and other stakeholders, including employer representatives. The FWC assessed whether the agreement's terms were reasonable and in line with the broader objectives of the Fair Work Act, which include promoting productive and harmonious workplace relations. After thorough deliberation, the FWC concluded that the agreement did not contravene any legislative requirements and was consistent with the principles of good faith bargaining and procedural fairness.

As a result, the FWC approved the Queensland Independent Education Union (QIEU) Organising Call Centre Collective Agreement 2013-2015, enabling it to take effect as a registered agreement. The decision confirmed the agreement's validity and authorised its implementation between the parties involved. The approval signified the FWC's endorsement of the agreement's terms and its suitability for governing the employment relationship within the specified period.

Queensland Independent Education Union of Employees

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established