DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The State School Teachers’ Union of W.A. (Incorporated)
(AG2018/6914)

OFFICERS OF THE STATE SCHOOL TEACHERS’ UNION OF WA (INC.) CONDITIONS OF EMPLOYMENT AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 MARCH 2019

Application for approval of the Officers of The State School Teachers’ Union of W A (Inc.) Conditions of Employment Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Officers of The State School Teachers’ Union of W A (Inc.) Conditions of Employment Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The State School Teachers’ Union of W.A. (Incorporated). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union (Western Australian 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 5 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of the State School Teachers' Union of Western Australia (Incorporated), the matter before the Industrial Relations Commission of Western Australia concerned the approval of the Officers of the Union's Conditions of Employment Agreement 2018. The Union sought formal approval for the agreement which detailed the terms and conditions under which its officers would be employed. The application was brought forth to ensure the agreement complied with relevant industrial relations laws and provided adequate protections for the employees.

The primary legal issues the court needed to address involved whether the agreement met the statutory requirements set forth under the relevant industrial relations legislation. Specifically, the court had to examine whether the agreement provided for fair and reasonable terms of employment, whether it complied with procedural fairness in its creation, and whether it adequately protected the rights and interests of the officers. The Union argued that the agreement was negotiated in good faith and reflected a fair representation of the parties' intentions. The court's role was to assess these claims and determine if the agreement was consistent with the legislative framework.

The court reviewed the negotiation process and the terms of the agreement, considering both statutory provisions and common law principles of contract and employment law. The court found that the agreement was developed through a process that adhered to procedural fairness, with both parties having the opportunity to negotiate and reach a consensus. The terms of the agreement were also deemed fair and reasonable, providing appropriate protections and benefits to the officers. Given these findings, the court concluded that the agreement was consistent with the relevant legislation and approved the application for its formal recognition.

As a result of the court's decision, the Officers of the Union's Conditions of Employment Agreement 2018 was formally approved, ensuring that the terms and conditions of employment for the officers were legally binding and in compliance with industrial relations laws.

The State School Teachers’ Union of W.A. (Incorporated)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established