DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Catholic University Limited T/A Australian Catholic University
(AG2018/4789)

AUSTRALIAN CATHOLIC UNIVERSITY STAFF ENTERPRISE AGREEMENT 2017-2021

Educational services
COMMISSIONER BISSETT	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Australian Catholic University Staff Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Catholic University Staff Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Catholic University Limited T/A Australian Catholic University. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The National Tertiary Education Industry Union and CPSU, the Community and Public Sector Union 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Catholic University Limited, trading as the Australian Catholic University, applied to the Fair Work Commission for the approval of the Australian Catholic University Staff Enterprise Agreement 2017-2021. The application was opposed by the Australian Education Union (Vic). The dispute concerned the terms and conditions of employment for staff at the university. The Fair Work Commission, led by Commissioner S. Smith, was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the terms and conditions of employment, and whether it met the criteria for being a "registered agreement." The court needed to ensure that the agreement was fair and reasonable and did not adversely affect employees' conditions of employment. The applicant argued that the agreement was fair and reasonable and should be approved, while the union contended that certain provisions were not fair and reasonable.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The court concluded that the provisions of the agreement were fair and reasonable and did not adversely affect the employees' conditions of employment. The agreement was found to comply with the relevant provisions of the Fair Work Act, and the court approved the application for registration of the agreement. The union's objections were dismissed, and the agreement was approved as a registered agreement.

The Fair Work Commission approved the Australian Catholic University Staff Enterprise Agreement 2017-2021 and registered it under the Fair Work Act 2009. The union's objections were dismissed, and the agreement was deemed to be fair and reasonable. The court found that the agreement met all necessary requirements and was in compliance with the relevant provisions of the Fair Work Act. The agreement was subsequently registered, and the application was finalised.

Australian Catholic University Limited T/A Australian Catholic University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established