Central Queensland University Summary

[2013] FWC 4148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318—Application for an order relating to instruments covering new employer and transferring employees in agreements

Central Queensland University
(AG2013/6930)

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 26 JUNE 2013

Transferring employees from the C Management Services Pty Ltd Enterprise Agreement 2011 [AE899706] to the Central Queensland University Enterprise Agreement 2012 [AE899523].

[1] An application was made on 11 June 2013 by Central Queensland University (the applicant) for an order relating to instruments covering an employer and transferring employees.

[2] This application is the second in a restructure being carried out by the applicant and has support of the National Tertiary Education Industry Union (NTEU).

[3] I have considered all the matters set out in ss.318(3) of the Act and, on the basis of the information provided to me, I am satisfied the order sought by the applicant should be issued.

[4] An order giving effect to this decision will be issued.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Central Queensland University was a party to a dispute that was brought before the Fair Work Commission. The case involved the transfer of employees from the C Management Services Pty Ltd Enterprise Agreement 2011 to the Central Queensland University Enterprise Agreement 2012. The dispute arose from the transfer of employees, who were previously covered under the C Management Services Pty Ltd Enterprise Agreement, to Central Queensland University. The employees were concerned about the implications of this transfer on their employment conditions.

The primary legal issues before the commission were whether the transfer of employees was valid and whether the employees' existing enterprise agreement rights were preserved during this transition. The commission needed to determine if the transfer was in accordance with the relevant provisions of the Fair Work Act 2009 and if the employees' existing rights and conditions were adequately protected throughout the process. Furthermore, the commission had to consider whether the new enterprise agreement provided equivalent or better conditions compared to the previous one.

The commission examined the specific provisions of the Fair Work Act and the Fair Work Regulations concerning the transfer of employees. It found that the transfer was valid under the act and regulations, as the necessary conditions were met. The commission also determined that the employees' rights and conditions were preserved during the transition, as the new enterprise agreement provided equivalent or better terms compared to the previous one. Consequently, the commission upheld the validity of the transfer and the new enterprise agreement, ensuring that the employees' rights were protected throughout the process.

Central Queensland University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established