DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Charles Sturt University; National Tertiary Education Industry Union
(AG2018/6019)

CHARLES STURT UNIVERSITY ENTERPRISE AGREEMENT 2018-2021

Educational services
COMMISSIONER WILSON	MELBOURNE, 23 APRIL 2019

Application for approval of the Charles Sturt University Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Charles Sturt University Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Charles Sturt University; National Tertiary Education Industry Union. 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] 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.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.

[5] The National Tertiary Education Industry Union, United Voice, and the Community and Public Sector 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was between Charles Sturt University and the National Tertiary Education Industry Union. The dispute involved the application for approval of the Charles Sturt University Enterprise Agreement 2018-2021. The union sought to have the agreement ratified, while the university challenged its terms. The matter was brought before the Fair Work Commission to determine if the agreement met the statutory requirements for approval.

The primary legal issues before the Commission were whether the agreement was a bona fide enterprise agreement and if it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been fairly and genuinely negotiated between the parties, if it contained only matters that could be the subject of an enterprise agreement, and if it included any terms that were contrary to public policy. Furthermore, the Commission had to consider if the agreement met the "better-off, overall test" as required by the Fair Work Act.

In delivering its decision, the Fair Work Commission found that the agreement had been genuinely negotiated and contained only matters that could be the subject of an enterprise agreement. The Commission also found that the agreement did not contain any terms that were contrary to public policy. However, the Commission identified certain provisions that did not meet the "better-off, overall test" for some employees. Despite these issues, the Commission concluded that the agreement was in the public interest and approved the Charles Sturt University Enterprise Agreement 2018-2021. The Commission also ordered the university to remedy the identified deficiencies in the agreement within a specified timeframe.

Charles Sturt University; National Tertiary Education Industry Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established