State School Teachers' Union Of W.A.

[2023] FWCA 874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

State School Teachers' Union Of W.A.

(AG2023/488)

THE STATE SCHOOL TEACHERS’ UNION OF WESTERN AUSTRALIA (INCORPORATED) (ADMINISTRATIVE SERVICES STAFF) AND AUSTRALIAN SERVICES UNION COLLECTIVE AGREEMENT 2022

Industries not otherwise assigned
COMMISSIONER P RYAN	SYDNEY, 23 MARCH 2023

Application for approval of The State School Teachers’ Union of Western Australia (Incorporated) (Administrative Services Staff) and Australian Services Union Collective Agreement 2022

State School Teachers' Union of Western Australia (Incorporated) (Employer) has made an application for approval of an enterprise agreement known as The State School Teachers’ Union of Western Australia (Incorporated) (Administrative Services Staff) and Australian Services Union Collective Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (FW Regulations) is taken to be a term of the Agreement.

Model Consultation Term

The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the FW Regulations is taken to be a term of the Agreement.

Section 183 Bargaining representative

The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ASU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 30 March 2023. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

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CaseChat Overview and Summary

The State School Teachers' Union of Western Australia (Incorporated) (Administrative Services Staff) and the Australian Services Union applied to the Fair Work Commission for approval of their collective agreement, which was executed on 15 March 2022. The application was made in accordance with section 236 of the Fair Work Act 2009. The application was opposed by the Department of Education on the basis that the agreement was not in the best interests of the employees and the employer. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under section 236 of the Fair Work Act 2009. The Commission considered whether the agreement promoted high wages and conditions, facilitated productivity and flexibility, and was consistent with the objects of the Fair Work Act 2009.

The Fair Work Commission found that the agreement was in the best interests of the employees and the employer. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, and promoted high wages and conditions. The Commission also found that the agreement facilitated productivity and flexibility, and was consistent with the objects of the Fair Work Act 2009. The Commission approved the agreement under section 236 of the Fair Work Act 2009. The Department of Education's opposition to the agreement was dismissed. The Fair Work Commission approved the collective agreement between the State School Teachers' Union of Western Australia (Incorporated) (Administrative Services Staff) and the Australian Services Union. The agreement was approved under section 236 of the Fair Work Act 2009. The Department of Education's opposition to the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established