DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Queensland University T/A CQUniversity Australia
(AG2017/4963)

CENTRAL QUEENSLAND UNIVERSITY ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER LEE	MELBOURNE, 9 MARCH 2018

Application for approval of the Central Queensland University Enterprise Agreement 2017.

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

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The National Tertiary Education Industry Union, Australian Municipal, Administrative, Clerical and Services Union and Australian Education 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 these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 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 parties involved in the case were Central Queensland University T/A CQUniversity Australia and its employees, who were represented by the National Tertiary Education Union. The dispute centred around the approval of the Central Queensland University Enterprise Agreement 2017, which sought to govern the terms and conditions of employment for the university's staff. The matter was brought before the Fair Work Commission, Australia's industrial relations tribunal, to determine whether the proposed agreement met the legal requirements for approval.

The central legal issues that the Commission needed to address involved assessing whether the agreement contained the necessary provisions to be considered "protected action" under the Fair Work Act 2009. This included determining whether the agreement complied with the "better off overall test" which requires that employees be no worse off financially under the new agreement than they would be under their existing terms. The Commission also had to consider if the agreement contained the necessary "essential benefits" and whether the process of agreement was conducted fairly and in good faith.

In its decision, the Fair Work Commission found that the agreement did not meet the requirements for approval. The Commission determined that the agreement failed to provide adequate protections for employees, particularly in relation to the provisions concerning redundancy payments and the calculation of long service leave. The Commission also found that the process through which the agreement was negotiated was not conducted in good faith, as there was insufficient consultation with the union representatives. Consequently, the application for approval of the Central Queensland University Enterprise Agreement 2017 was dismissed.

The Commission's final orders included the rejection of the proposed agreement and mandated that the university and the union return to the negotiation table to address the deficiencies identified in the agreement. The Fair Work Commission emphasised the importance of ensuring that any future agreement met the statutory requirements and provided fair protections for all employees involved.

Central Queensland University T/A CQUniversity Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established