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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Curtin University, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was proposed for a period of five years and related to the employment conditions of academic, professional, and general staff. The respondents included various unions representing the staff. The dispute centered on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the court were whether the agreement provided for the prescribed minimum entitlements, if it was procedurally fair, and if it met the "better off overall test" for the employees.

The court examined the proposed agreement's provisions against the statutory requirements of the Fair Work Act. It assessed whether the agreement met the minimum entitlements for wages, leave, and other conditions as prescribed by the Act. Additionally, the court considered if the agreement was negotiated in good faith and whether it was procedurally fair to the employees. The "better off overall test" required the court to determine whether the agreement was more beneficial to the employees than their existing conditions or any other available agreement. The court also reviewed the submissions from both Curtin University and the unions to ensure that the agreement was fair and reasonable.

The court found that the proposed agreement satisfied the prescribed minimum entitlements and was procedurally fair. The better off overall test was met, as the agreement provided improved conditions for the staff, including wage increases and enhanced leave provisions. The court approved the Curtin University Academic, Professional and General Staff Agreement 2017-2021, considering it to be fair and reasonable for the employees and the institution. The approval was granted on the condition that the agreement was to be in force from the date of the decision.

Curtin University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established