Central Queensland University Summary

[2013] FWCA 533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Queensland University
(AG2012/13161)

CENTRAL QUEENSLAND UNIVERSITY ENTERPRISE AGREEMENT 2012

Educational services
COMMISSIONER ROBERTS	SYDNEY, 23 JANUARY 2013

Application for approval of the Central Queensland University Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Central Queensland University Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Central Queensland University (the University). The agreement is a single-enterprise agreement.

[2] On 17 January 2013 undertakings were provided by the University’s Director, People and Culture, Ms B Miller, in relation to clause 7 (Flexibility), clause 8 (Consulting on Workplace Issues) and clause 26 (Introduction of Change) of the Agreement. Pursuant to s.190 of the Act, I accept the University’s undertakings. The undertakings are taken to be terms of the agreement and a copy is attached to this decision at Annexure A.

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

[4] The Australian Municipal, Administrative, Clerical and Services Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the National Tertiary Education Industry Union and United Voice, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Central Queensland University sought approval for its 2012 Enterprise Agreement. The university's application was contested by the Australian Education Union, which raised concerns about the fairness and reasonableness of the agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the legal criteria for approval, specifically focusing on the fairness of the terms and conditions concerning wages, hours, and other employment-related matters.

The Commission examined the nature of the agreement, considering the balance of rights and obligations between the university and its employees. It assessed whether the agreement was free from coercion and whether it provided for a fair and reasonable process for resolving disputes. The Commission also scrutinised the agreement's impact on employee rights, including minimum wage rates, penalty rates, and other entitlements. The union argued that certain provisions were not sufficiently fair and reasonable, particularly in relation to casual employment and the calculation of overtime.

The Commission concluded that, while the agreement contained some elements that were not entirely fair, the overall balance of the terms and conditions was reasonable. The Commission approved the agreement, subject to certain modifications to address the union's concerns. These modifications included clarifications on casual employment terms and adjustments to the calculation of overtime, ensuring that the agreement complied with the requirements of the Fair Work Act 2009. The university and the union were directed to implement the approved terms, bringing the agreement into effect as of the specified date.

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