Curtin University

[2018] FWCA 3472

[2018] FWCA 3472

FAIR WORK COMMISSION

DECISION

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

Curtin University
(AG2017/5710)

CURTIN UNIVERSITY ACADEMIC, PROFESSIONAL AND GENERAL STAFF AGREEMENT 2017 – 2021

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 13 JUNE 2018

Application for approval of the Curtin University Academic, Professional and General Staff Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Curtin University Academic, Professional and General Staff Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Curtin University. 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] The Agreement lodged contained errors at clauses 3, 4.1(d), 12.2.1, 14.4.1, 19, 22.1(d), 31.2.1, 38.6.5, 64, clause 2 of Schedule 1, and Schedules 7-10. On 13 June 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The National Tertiary Education Industry Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the United Voice, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the CPSU, the Community and Public Sector Union, and the Construction, Forestry, Maritime, Mining and Energy 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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ANNEXURE A