Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NSW Teachers Federation
(AG2014/1704)

UNITED VOICE UNION NEW SOUTH WALES AND NEW SOUTH WALES TEACHERS FEDERATION - MAINTENANCE AGREEMENT

Application for approval of the United Voice Union New South Wales and New South Wales Teachers Federation - Maintenance Agreement - undertakings provided.

[1] An application has been made for approval of an enterprise agreement known as the United Voice Union New South Wales and New South Wales Teachers Federation - Maintenance Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Dispute settlement procedure

[2] In its correspondence to the Applicant and United Voice, being a bargaining representative for the Agreement, the Commission sought clarification with respect to clause 36 - Dispute Resolution, of the Agreement. In particular, sub clause 36.4 provides that an application may be made to the Industrial Relations Commission of New South Wales. Further, sub clause 36.5 provides that if the dispute is unable to be resolved the dispute may be referred to Fair Work Australia.

[3] The Applicant has clarified that under sub clause 36.4 the reference to the Industrial Relations Commission of New South Wales should read the Fair Work Commission and under sub clause 36.5 the reference to Fair Work Australia means the Fair Work Commission.

Undertakings

[4] Upon request from the Commission, the Applicant has provided undertakings with respect to clause 36 - Dispute Resolution, of the Agreement. In particular, that the dispute settlement procedure in the Agreement will apply to any disputes that arise in relation to the National Employment Standards as per s.186(6)(a)(ii) of the Act and that the dispute settlement procedure will allow for the representation of employees as per s.186(6)(b) of the Act.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] Pursuant to s.190(4) of the Act, the bargaining representative, United Voice, has been made aware of the undertakings provided. United Voice has not advised of any concerns with the undertakings provided.

[7] The Agreement will cover the employer’s maintenance employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

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

[9] United Voice 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 this organisation.

[10] The Agreements is approved. In accordance with section 54(1), the Agreement will operate from 19 August 2014. The nominal expiry date of the Agreement is 31 December 2015.

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Annexure A

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