Australian Catholic University Limited Summary

[2014] FWCA 1706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Catholic University Limited
(AG2014/3820)

AUSTRALIAN CATHOLIC UNIVERSITY STAFF ENTERPRISE AGREEMENT 2013 - 2017

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 12 MARCH 2014

Application to approve Australian Catholic University Staff Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Catholic University Staff Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Catholic University Limited. The Agreement is a single-enterprise agreement.

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

[3] The National Tertiary Education Union, Community and Public Sector Union, and Public Service Association of New South Wales being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2014. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Catholic University Limited sought approval for its Staff Enterprise Agreement 2013-2017, which was contested by a group of employees. The Fair Work Commission was tasked with determining whether the agreement should be approved as a certified agreement. The primary dispute centred around whether the terms of the proposed agreement met the criteria set out in the Fair Work Act 2009 for being a certified agreement. This involved examining whether the agreement provided for the pay and conditions of employees, whether it was compliant with the Fair Work Act, and whether it was made in good faith and without coercion.

The Commission considered the evidence presented by both parties and the compliance of the agreement with the relevant legislative framework. It evaluated the procedural fairness of the bargaining process, the content of the agreement, and the implications for the employees and the university. The Commission found that the agreement had been made in good faith and without coercion, and that it complied with the Fair Work Act. The agreement provided for the pay and conditions of the employees and was deemed to be procedurally fair.

In light of the findings, the Fair Work Commission approved the Australian Catholic University Staff Enterprise Agreement 2013-2017 as a certified agreement. The decision was made on the basis that the agreement met the statutory requirements and was in the best interest of the employees and the university. The approval signified that the agreement would have the force of a registered agreement and be applicable to the employees covered by it.

Australian Catholic University Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established