Curtin University T/A Curtin University Summary

[2024] FWCA 3724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Curtin University T/A Curtin University

(AG2024/3570)

CURTIN UNIVERSITY EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER SCHNEIDER	PERTH, 25 OCTOBER 2024

Application for approval of the Curtin University Early Learning Centre Enterprise Agreement 2023

Curtin University (the Applicant) has made an application for the approval of an enterprise agreement known as the Curtin University Early Learning Centre Enterprise Agreement 2023 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

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

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Children's Services Award 2010 is taken to be a term of the Agreement.

The United Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 November 2024. The nominal expiry date of the Agreement is 25 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Curtin University, trading as Curtin University, sought approval of the Curtin University Early Learning Centre Enterprise Agreement 2023. The application was heard in the Fair Work Commission. The main issue before the Commission was whether the agreement complied with the relevant legislative framework and provided fair and reasonable terms for the employees covered by the agreement.

The Commission considered whether the agreement met the necessary criteria for approval, including that it provided for fair and reasonable terms of employment, and whether it had been made in good faith and without coercion. The Commission also examined whether the agreement provided for appropriate dispute resolution mechanisms and adequate protections for employees. The Commission found that the agreement met the necessary criteria for approval, and that it provided for fair and reasonable terms of employment for the employees covered by the agreement. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it provided for appropriate dispute resolution mechanisms and adequate protections for employees.

As a result, the Commission approved the Curtin University Early Learning Centre Enterprise Agreement 2023. The agreement will now provide the terms and conditions of employment for the employees covered by the agreement, and will be in effect from the date of the Commission's approval. The approval of the agreement ensures that the employees covered by the agreement will have their terms and conditions of employment determined by a legally binding agreement, rather than by the common law.

Curtin University T/A Curtin University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established