DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The State School Teachers’ Union of Western Australia (Inc)
(AG2015/1284)

OFFICERS OF THE STATE SCHOOL TEACHERS’ UNION OF WA (INC.) CONDITIONS OF EMPLOYMENT AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 11 JUNE 2015

Application for approval of the Officers of The State School Teachers’ Union of WA (Inc.) Conditions of Employment Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Officers of The State School Teachers’ Union of WA (Inc.) Conditions of Employment Agreement 2015 (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, 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] 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) I note that the Agreement covers the organisation.

[5] 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.

[6] The Agreement was approved on 11 June 2015 and, in accordance with s.54 of the Act, will operate from 18 June 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the State School Teachers’ Union of Western Australia (Inc.) and the Independent Education Union of Australia (Inc.), with the latter seeking approval of the Officers of The State School Teachers’ Union of WA (Inc.) Conditions of Employment Agreement 2015. The application was brought before the Industrial Court of Western Australia. The union sought approval of the agreement, which had been negotiated between the parties, to establish the terms and conditions of employment for officers within the union. The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the relevant industrial relations legislation.

The court considered the criteria for approval, which included whether the agreement provided for fair and reasonable terms of employment and whether it complied with any relevant industrial laws. The court examined the specific terms of the agreement, including provisions related to remuneration, hours of work, leave entitlements, and other employment conditions. The court assessed whether these terms were fair and reasonable, taking into account the nature of the work performed by the officers and the broader context of the union’s operations. Additionally, the court verified that the agreement did not contravene any relevant industrial laws or regulations.

After a thorough review, the court found that the agreement met the statutory requirements for approval. The court was satisfied that the terms of the agreement were fair and reasonable and that they complied with all relevant industrial laws. The court noted that the agreement provided for clear and comprehensive terms of employment, which were necessary to ensure the effective functioning of the union. Consequently, the court approved the agreement, allowing it to take effect as the conditions of employment for the officers of the union.

The court ordered that the agreement be approved and that it be registered with the relevant authorities. This decision provided certainty and stability to the employment conditions of the officers, ensuring that the union could operate effectively within the regulatory framework. The approval of the agreement was a significant step in formalising the terms of employment for the officers, allowing the union to continue its operations with clarity and predictability.

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