Charles Darwin University

[2019] FWCA 1561

[2019] FWCA 1561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Charles Darwin University
(AG2018/5788)

CHARLES DARWIN UNIVERSITY AND UNION ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MARCH 2019

Application for approval of the Charles Darwin University and Union Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Charles Darwin University and Union Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Charles Darwin University. The Agreement is a single enterprise agreement.

[2] The Employer 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Australian Education Union Northern Territory, United Voice, the “Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Community and Public Sector Union (PSU Group), and the National Tertiary Education Union, being bargaining representatives for the Agreement (together, the organisations), have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Employer identified typographical errors in the Agreement as filed with the Commission. An application pursuant to s 586 of the Act was made on 15 October 2018. The application set out the following:

1. The Charles Darwin University has applied for approval of the Charles Darwin University and Union Enterprise Agreement 2018.

2. Typographical errors have been identified in the proposed Agreement under clause 75.1, 75.6 and clause 84.1.

3. The applicant requests the Commission allow the amendment of the below clause:

75.1 HE Academics in their second or subsequent years of employment with the University may take up to three (3) weeks (three (3) or fewer blocks of seven (7) days) paid non-attendance time (NAT), inclusive of public holidays and weekends.

to read:

75.1 Teaching Focused HE Academics in their second or subsequent years of employment with the University may take up to three (3) weeks (three (3) or fewer blocks of seven (7) days) paid nonattendance time (NAT), inclusive of public holidays and weekends.

4. The applicant requests the Commission allow the amendment of the below clause:

75.6 Once approved, HE Academics taking NAT are required to remain in contact with the University and be able to deal with any of the issues that have been the basis of approval.

to read:

75.6 Once approved, Teaching Focused HE Academics taking NAT are required to remain in contact with the University and be able to deal with any of the issues that have been the basis of approval.

5. The applicant requests the Commission allow amendment of the below clause:

84.1 These provisions apply to Higher Education Academics holding continuing appointments.

to read:

84.1 These provisions apply to VET Academics holding continuing appointments.

[7] Having considered the information provided in the Form F1, and having sought the views of the bargaining representatives, I allow these amendments pursuant to s 586. The corrected version of the Agreement is published with this decision.

[8] The Agreement was approved on 15 March 2019 and, in accordance with s 54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A