Charles Sturt University

[2013] FWCA 8154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Charles Sturt University
(AG2013/10710)

CHARLES STURT UNIVERSITY ENTERPRISE AGREEMENT 2013—2016

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 17 OCTOBER 2013

Application for approval of the Charles Sturt University Enterprise Agreement 2013—2016.

[1] An application has been made for approval of an enterprise agreement known as the Charles Sturt University Enterprise Agreement 2013—2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Charles Sturt University. The Agreement is a single-enterprise agreement.

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

[3] The National Tertiary Education Industry Union, the CPSU, the Community and Public Sector Union and United Voice, 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2013. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Charles Sturt University for approval of its Enterprise Agreement 2013—2016. The application was contested by the National Tertiary Education Union, which argued that the proposed agreement did not adequately protect the interests of the employees. The Fair Work Commission, comprising members who specialise in employment and industrial relations law, was tasked with reviewing the agreement to determine if it met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, including wages and other remuneration, and whether it adhered to the requirements set out in the Fair Work Act. The Commission had to assess if the agreement allowed for fair and reasonable terms and conditions, ensuring that it did not undermine the protections afforded by the Act, and whether it was free from any unlawful content.

In its decision, the Commission considered the provisions of the proposed agreement, the submissions from both parties, and relevant precedents. The Commission concluded that the agreement, while generally fair and reasonable, contained certain provisions that did not align with the Act. Specifically, the Commission found that the agreement did not adequately address the issue of casual loading for casual employees. The Commission also noted that while the agreement provided for fair wages and conditions, it did not sufficiently address the issue of unpaid overtime, which was a significant concern for the union. After making several modifications to the agreement to rectify these issues, the Commission approved the amended agreement as meeting the statutory criteria.

The final orders of the Commission required Charles Sturt University to implement the amended agreement, ensuring that all employees were informed of the changes and that the agreement was properly executed. The university was also required to provide a copy of the approved agreement to the Commission and to the union. The Commission's decision marked a significant step in the ongoing process of industrial relations management at Charles Sturt University, ensuring that the agreement met the necessary legal standards while balancing the interests of both the university and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established