Central Queensland University Summary

[2013] FWC 878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318—Transfer of instrument

Central Queensland University
(AG2013/4833)

Educational services
DEPUTY PRESIDENT SMITH	Melbourne, 7 FEBRUARY 2013

[1] An application was made on 5 February 2013 by Central Queensland University (the Applicant) for an order relating to instruments covering an employer and transferring employees. This application was made after an earlier application, AG2012/11522, was withdrawn.

[2] The initial application made by the Applicant was opposed by the National Tertiary Education Industry Union (the NTEU) on the grounds that certain employees may be disadvantaged by the order sought by the Applicant. The NTEU appear to have been primarily concerned with two staff who would suffer a reduction in their salary if such an order were issued.

[3] Correspondence between the Applicant and the NTEU, submitted as part of the application, indicate that the Applicant has undertaken to salary maintain the staff concerned until the disadvantage is remedied through the increases within the Central Queensland University Enterprise Agreement 2012. The NTEU has accepted this compromise and supports the current application.

[4] I have considered all the matters set out in subsection 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.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Central Queensland University applied to the Fair Work Commission for an order regarding the transfer of instruments covering an employer and transferring employees. The application was made after a previous one was withdrawn. The application was opposed by the National Tertiary Education Industry Union (NTEU), who argued that certain employees would be disadvantaged by the order. Specifically, the NTEU was concerned about two staff members who would experience a reduction in salary if the order were to be issued.

The legal issues before the court were whether the order sought by Central Queensland University should be granted, considering the potential disadvantage to certain employees. The court had to evaluate the arguments presented by both parties, the compromise reached between them, and the relevant provisions of the Fair Work Act 2009.

The Deputy President considered all the matters set out in subsection 318(3) of the Fair Work Act 2009 and was satisfied that the order sought by Central Queensland University should be issued. The court found that the compromise reached between the Applicant and the NTEU, which included salary maintenance for the concerned staff until the disadvantage was remedied through increases within the Central Queensland University Enterprise Agreement 2012, was sufficient to address the NTEU's concerns. Consequently, the Deputy President decided in favour of the Applicant and determined that an order should be issued to give effect to the decision.

An order giving effect to the decision will be issued shortly.

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