Charles Darwin University Summary

[2025] FWCA 2050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Charles Darwin University

(AG2025/1532)

CHARLES DARWIN UNIVERSITY AND UNION ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER SIMPSON	BRISBANE, 23 JUNE 2025

Application for approval of the Charles Darwin University and Union Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Charles Darwin University and Union Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Charles Darwin University (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 3.8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The National Tertiary Education Industry Union (NTEU), Australian Education Union (AEU), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Community and Public Sector Union (CPSU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the unions.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Charles Darwin University sought approval for the Union Enterprise Agreement 2025 in a recent decision by the Fair Work Commission. The agreement, which aimed to regulate the terms and conditions of employment for various categories of university employees, was contested by certain parties who raised concerns over several provisions. The primary focus of the dispute was whether the agreement met the legal standards set forth in the Fair Work Act 2009 for being approved and registered as a valid enterprise agreement.

The central legal issues before the Commission involved the validity of the agreement under the Fair Work Act 2009, specifically whether the agreement covered all necessary matters, was free from prohibited content, and was made in good faith. Furthermore, the Commission had to determine if the agreement provided for the proper representation of employees' interests and if it complied with procedural requirements for approval.

In delivering its decision, the Commission carefully examined the provisions of the Union Enterprise Agreement 2025 and considered the submissions from all parties involved. The Commission found that the agreement was comprehensive and covered all necessary matters, as it addressed key employment conditions such as wages, hours of work, and other terms and conditions of employment. The Commission also found that the agreement was free from prohibited content and was made in good faith. Additionally, the Commission determined that the agreement provided for the proper representation of employees' interests and that all procedural requirements for approval were met. Consequently, the Commission approved and registered the Union Enterprise Agreement 2025 as a valid enterprise agreement under the Fair Work Act 2009.

Charles Darwin University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established