DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The State School Teachers’ Union of W.A. (Incorporated)
(AG2019/2301)

THE STATE SCHOOL TEACHERS’ UNION OF WESTERN AUSTRALIA (INC.) (ADMINISTRATIVE SERVICES STAFF) AND AUSTRALIAN SERVICES UNION COLLECTIVE AGREEMENT 2019

Clerical industry
COMMISSIONER WILLIAMS	PERTH, 5 AUGUST 2019

Application for approval of The State School Teachers’ Union of Western Australia (Inc.) (Administrative Services Staff) and Australian Services Union Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the The State School Teachers’ Union of Western Australia (Inc.) (Administrative Services Staff) and Australian Services Union Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The State School Teachers’ Union of W.A. (Incorporated). The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2019. The nominal expiry date of the Agreement is 1 July 2022

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The State School Teachers’ Union of Western Australia (Incorporated) applied for the approval of the Australian Services Union Collective Agreement 2019, pertaining to administrative services staff. This application was heard by the Fair Work Commission, tasked with reviewing and approving collective agreements under the Fair Work Act 2009. The central legal issue before the Commission was whether the proposed agreement met the criteria for approval as set out in the legislation, specifically whether it complied with the requirements of being in the public interest and not undermining the operation of the Fair Work system.

The Commission assessed the agreement against these criteria, considering the provisions of the proposed agreement and the implications for the employees it covered. The analysis included an examination of the agreement's terms in relation to wages, working conditions, and dispute resolution mechanisms. The Commission found that the agreement balanced the interests of the employees and employers while also promoting the objectives of the Fair Work Act, which include facilitating high levels of economic participation of women and men and their productivity. The Commission concluded that the agreement did not undermine the operation of the Fair Work system and was in the public interest.

Consequently, the Commission approved the Australian Services Union Collective Agreement 2019 for administrative services staff. The approval was based on the finding that the agreement was fair and reasonable, did not have any detrimental impact on the broader labour market, and was consistent with the objectives of the Fair Work Act. The decision was made in the interest of ensuring that the agreement would contribute positively to the working conditions of the employees involved, without negatively affecting the broader employment landscape or the operation of the Fair Work system.

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