DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deakin University
(AG2017/2137)

DEAKIN UNIVERSITY ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2017

Application for approval of the Deakin University Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Deakin University Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deakin 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 National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2017. The nominal expiry date of the Agreement is 28 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Deakin University, applied for approval of the Deakin University Enterprise Agreement 2017. The application was opposed by the respondent, the National Tertiary Education Union (NTEU). The dispute centred on the university's attempt to implement changes to employment conditions, including the introduction of performance agreements and alterations to leave entitlements. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The legal issues that the Commission had to decide included whether the proposed changes were genuinely agreed upon by the parties and whether they complied with relevant industrial relations laws. Specifically, the Commission had to determine if the changes were within the scope of permissible bargaining and if they met the requirements for a fair and reasonable agreement. The Commission also needed to assess whether the proposed changes had been negotiated in good faith.

The Fair Work Commission found that the Deakin University Enterprise Agreement 2017 was not genuinely agreed to by the parties, as there was no evidence of genuine negotiation and agreement. The Commission also ruled that the changes proposed by the university did not comply with relevant industrial relations laws, particularly concerning the imposition of performance agreements. The Commission found that the university had acted unilaterally and without good faith, which undermined the integrity of the bargaining process. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission's decision resulted in the Deakin University Enterprise Agreement 2017 not being approved, and the university was required to return to the bargaining table to negotiate a new agreement that met the legal requirements for genuine agreement and compliance with industrial relations laws. The Commission emphasised the importance of genuine negotiation and good faith in industrial relations processes.

Deakin University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established