Sigma Pharmaceuticals

[2014] FWCA 5658

FAIR WORK COMMISSION

DECISION

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

The State School Teachers' Union of W.A. (Incorporated)
(AG2014/1881)

THE STATE SCHOOL TEACHERS' UNION OF WESTERN AUSTRALIA (INC.) (ADMINISTRATIVE STAFF) AND AUSTRALIAN SERVICES UNION COLLECTIVE AGREEMENT 2013

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 19 AUGUST 2014

Application for approval of The State School Teachers' Union of Western Australia (Inc.) (Administrative Staff) and Australian Services Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe The State School Teachers' Union of Western Australia (Inc.) (Administrative Staff) and Australian Services Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State Schools Teachers’ Union of Western Australia (Inc) 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 have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union (the Union) have given notice under s.183 of the Act that they wish 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 1 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

The State School Teachers' Union of Western Australia (Inc.) (Administrative Staff) and the Australian Services Union filed an application for approval of their 2013 collective agreement before the Fair Work Commission. The dispute centred on various terms and conditions of employment, including wages, hours of work, and other related matters. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and other relevant legislation.

The primary legal issues before the Commission were whether the proposed terms and conditions in the collective agreement were fair and reasonable, and whether they complied with the statutory requirements outlined in the Fair Work Act 2009. The Commission had to consider the principles of procedural fairness, the need for a safety net of minimum entitlements, and the balance between the rights of employers and employees. Furthermore, the Commission needed to ensure that the agreement did not undermine the integrity of the industrial relations system.

After a thorough examination of the agreement and the submissions made by the parties, the Commission found that the collective agreement was fair and reasonable. The terms and conditions were deemed to comply with the statutory requirements, and the agreement was approved. The Commission emphasised the importance of maintaining a balance between the rights and interests of employers and employees, and concluded that the agreement achieved this balance. The approval of the collective agreement ensures that the parties are able to continue working under the agreed terms and conditions, while also upholding the principles of the Fair Work Act 2009.

The final orders of the Commission were that the 2013 collective agreement between the State School Teachers' Union of Western Australia (Inc.) (Administrative Staff) and the Australian Services Union be approved, effective from the date of the decision. The approved agreement will now serve as the basis for the terms and conditions of employment for the relevant employees, and will remain in force until it is superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established