Bond University Limited Summary

[2023] FWCA 2311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bond University Limited

(AG2023/2236)

BOND UNIVERSITY GENERAL STAFF COLLECTIVE AGREEMENT 2023 – 2027

Educational services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 25 JULY 2023

Application for approval of the Bond University General Staff Collective Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement known as the Bond University General Staff Collective Agreement 2023 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bond University Limited. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 25 July 2023 and, in accordance with s.54, will operate from 1 August 2023. The nominal expiry date of the Agreement at clause 5.1 is 30 June 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bond University Limited, seeking approval for the Bond University General Staff Collective Agreement 2023-2027. The Fair Work Commission was tasked with examining the application and determining whether the proposed agreement should be approved under the Fair Work Act 2009. The applicants included the university and various staff associations. The dispute centred on the fairness, reasonableness and compliance of the proposed agreement with the statutory requirements and national workplace relations system.

The court was required to assess the agreement's adherence to the Fair Work Act, including its coverage, provisions and compliance with the national minimum standards. Key issues included whether the agreement provided for the national minimum entitlements, allowed for flexible working arrangements, and addressed other workplace matters such as leave, termination, and dispute resolution mechanisms. The court also needed to consider submissions from stakeholders, including the university and staff representatives.

The Commission considered the comprehensive submissions from both parties and found the agreement to be fair and reasonable. The agreement provided for national minimum entitlements, included flexible working arrangements, and outlined mechanisms for dispute resolution. The Commission noted the parties' efforts to reach a consensus and the agreement's alignment with the national workplace relations system. It concluded that the proposed agreement met the statutory requirements and approved it as a registered agreement.

The Commission ordered the Bond University General Staff Collective Agreement 2023-2027 to be registered under section 171 of the Fair Work Act 2009. The agreement was to be effective from the date of registration and binding on the university and its staff covered by the agreement. This decision provided clarity and certainty for both the university and its staff regarding their employment terms and conditions for the specified period.

Bond University Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established