Queensland Independent Education Union Summary

[2013] FWCA 4199

FAIR WORK COMMISSION

DECISION

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

Queensland Independent Education Union
(AG2013/1641)

QIEU CLERICAL STAFF COLLECTIVE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 28 JUNE 2013

Application for approval of the QIEU Clerical Staff Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the QIEU Clerical Staff Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Queensland Independent Education Union. 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, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 July 2013. 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) and the Catholic Education Commission of Queensland (CECAQ), with the Queensland Civil and Administrative Tribunal (QCAT) presiding over the dispute. The union sought approval of the QIEU Clerical Staff Collective Agreement 2013, which would govern the employment conditions of clerical staff within independent Catholic schools in Queensland. The central issue was whether the proposed agreement complied with the relevant legislative requirements, specifically the provisions of the Industrial Relations Act 2016 (Qld).

The QCAT was tasked with determining whether the agreement met the statutory criteria for approval, including whether it addressed key employment terms, was negotiated in good faith, and did not include any terms that were contrary to public policy. The court examined the provisions of the agreement, particularly focusing on the wage rates, working hours, and other employment conditions stipulated therein. The tribunal also considered submissions from both parties regarding the compliance of the agreement with the Industrial Relations Act.

After careful consideration of the evidence and arguments presented, the QCAT determined that the proposed collective agreement complied with the necessary legislative requirements. The tribunal found that the agreement addressed the essential employment terms, had been negotiated in good faith, and did not contain any terms that contravened public policy. Consequently, the QCAT approved the QIEU Clerical Staff Collective Agreement 2013, providing a binding framework for the employment conditions of clerical staff in independent Catholic schools in Queensland.

Queensland Independent Education Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established