Deakin University Summary

[2013] FWCA 9039

FAIR WORK COMMISSION

DECISION

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

Deakin University
(AG2013/11115)

DEAKIN UNIVERSITY ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Deakin University Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Deakin University Enterprise Agreement 2013 (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] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.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 25 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

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CaseChat Overview and Summary

Deakin University was a party in an application for the approval of the Deakin University Enterprise Agreement 2013. The applicant sought the Fair Work Commission’s approval of the agreement, which was intended to govern the employment terms and conditions of Deakin University's employees. The respondents included several unions and employee representatives who had concerns about the proposed agreement.

The legal issues before the court centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Key concerns included whether the agreement provided for fair remuneration, reasonable working hours, and appropriate conditions for employees, including casual employees. The court also needed to consider whether the agreement was made in accordance with the relevant bargaining and dispute resolution processes and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In its decision, the court found that the Deakin University Enterprise Agreement 2013 was generally fair and appropriate. The agreement was deemed to comply with the statutory requirements, ensuring fair remuneration, reasonable working hours, and appropriate conditions for employees. The court further found that the agreement was made in good faith and adhered to the relevant bargaining and dispute resolution processes. Given these findings, the court approved the agreement, recognising its alignment with the principles of the Fair Work Act 2009.

The court's approval of the Deakin University Enterprise Agreement 2013 was based on its determination that the agreement met all necessary criteria for fairness and compliance with the relevant legislative framework. The court's decision effectively resolved the application, affirming the agreement's validity and allowing it to be implemented as intended.

Deakin University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established