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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The State School Teachers' Union of Western Australia (Incorporated) sought approval of a collective agreement entered into with the Department of Education, relating to the employment conditions of administrative staff. The application was heard in the Industrial Court of Western Australia. The primary legal issue the court had to determine was whether the proposed terms and conditions outlined in the collective agreement were consistent with the applicable industrial laws and regulations, and whether they appropriately balanced the rights and interests of both the union and the employer.

The court examined the collective agreement in detail, considering the provisions related to wages, hours of work, leave entitlements, and other employment conditions. The court assessed whether the agreement complied with the requirements of the Industrial Relations Act 1979 and the Industrial Relations Commission Act 1984. The court also considered submissions from both parties, focusing on the fairness and reasonableness of the agreement in the context of the existing industrial framework.

Upon review, the court found that the collective agreement did not adequately address several critical aspects of employment conditions, such as the calculation of overtime and the management of shift patterns. The court determined that certain provisions in the agreement were not consistent with the statutory obligations and failed to achieve a fair balance between the rights of the employees and the operational needs of the employer. Consequently, the court decided not to approve the collective agreement as submitted.

The court ordered that the application for approval of the collective agreement be dismissed. The court did not grant the approval sought by the union, highlighting the need for revisions to the agreement to better align with the legal standards and to ensure a fair and reasonable employment framework for administrative staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established