DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The State School Teachers’ Union of Western Australia (Inc)
(AG2016/7568)

THE STATE SCHOOL TEACHERS’ UNION OF WESTERN AUSTRALIA (INC.) (ADMINISTRATIVE SERVICES STAFF) AND AUSTRALIAN SERVICES UNION COLLECTIVE AGREEMENT 2016

Clerical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JANUARY 2017

Application for approval of The State School Teachers’ Union of Western Australia (Inc.) (Administrative Services Staff) and Australian Services Union Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The State School Teachers’ Union of Western Australia (Inc.) (Administrative Services Staff) and Australian Services Union Collective Agreement 2016 (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 Western Australia (Inc). The agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 16 January 2017 and, in accordance with s.54, will operate from 26 January 2017. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The State School Teachers’ Union of Western Australia (Inc.) applied to the Fair Work Commission for the approval of a collective agreement made with the Department of Education in relation to administrative services staff. The dispute was heard and determined by the Fair Work Commission, specifically the Full Bench, which comprises a President and two Members. The key legal issue the Commission needed to decide was whether the collective agreement was consistent with the provisions of the Fair Work Act 2009, particularly whether it complied with the good faith bargaining and other statutory requirements. Additionally, the Commission had to assess if the agreement contained terms that were not genuinely agreed upon by both parties and whether it was in the best interests of the employees it covered.

The Commission examined the process of bargaining and the terms of the agreement, considering whether the process was conducted in good faith and whether the agreement was genuinely negotiated. The Commission took into account the evidence provided by both parties regarding the bargaining process and the terms of the agreement. The Court found that the bargaining process was conducted in good faith, and the terms of the agreement were genuinely negotiated between the parties. The Commission was satisfied that the agreement was consistent with the provisions of the Fair Work Act and met the criteria for approval, including that it did not contain any terms that were not genuinely agreed upon and was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the collective agreement. The decision was made on the basis that the agreement was consistent with the relevant legislative requirements and was in the best interests of the employees covered by the agreement. The Commission found that the process of bargaining and the terms of the agreement were satisfactory, and therefore, the application for approval was granted. The agreement was deemed to be compliant with the Fair Work Act and was approved in its entirety.

The State School Teachers’ Union of Western Australia (Inc)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established