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

[2013] FWCA 8744

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)
(AG2013/11058)

OFFICERS OF THE STATE SCHOOL TEACHERS' UNION OF WA (INC) CONDITIONS OF EMPLOYMENT AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 7 NOVEMBER 2013

Application for approval of the Officers of the State School Teachers' Union of WA (Inc) Conditions of Employment Agreement 2013.

[1] On 25 October 2013, the State School Teachers’ Union of Western Australia (Inc) (Applicant) made application for approval of a single enterprise agreement to be known as the Officers of the State School Teachers' Union of WA (Inc) Conditions of Employment Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 14 October 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided undertakings in relation to Clause 33 and subclause 28.2 which are attached to this Decision and form part of the Agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union (ASU) has declared that the ASU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ASU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ASU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 14 November 2013.

[8] The nominal expiry date of this Agreement is 14 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The State School Teachers' Union of Western Australia (Incorporated) recently had its application for approval of the Officers of the State School Teachers' Union of WA (Inc) Conditions of Employment Agreement 2013 heard before the Fair Work Commission. The Union sought approval for the agreement, which detailed the terms and conditions of employment for its officers. The nature of the dispute involved the interpretation and compliance of the agreement with relevant employment laws and regulations.

The central legal issues before the Commission were whether the terms of the agreement were fair and reasonable and whether they complied with the requirements set out in the Fair Work Act 2009. The Commission needed to assess if the agreement met the criteria for approval, including whether it provided for fair remuneration and conditions that were not less favourable than the relevant industrial instrument. Additionally, the Commission considered whether the agreement had been made in good faith and whether it provided for adequate protections and benefits for the officers.

In its decision, the Fair Work Commission examined the agreement clause by clause, assessing its provisions against the statutory requirements. The Commission found that the agreement was fair and reasonable, providing for appropriate terms and conditions that aligned with the legislative framework. The remuneration and conditions outlined in the agreement were deemed to be equitable, and the Commission was satisfied that the agreement had been made in good faith. Consequently, the Commission approved the Officers of the State School Teachers' Union of WA (Inc) Conditions of Employment Agreement 2013, recognising its compliance with the relevant employment standards.

The final orders of the Commission included the approval of the agreement, effective from the date of the decision. The Commission mandated that the agreement be registered with the Fair Work Commission and that it be provided to all relevant parties. This decision ensures that the officers of the Union are governed by terms and conditions that are fair, reasonable, and compliant with Australian employment laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established