Edith Cowan University

[2018] FWCA 1126

[2018] FWCA 1126

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Edith Cowan University

(AG2017/5707)

Edith Cowan University Enterprise Agreement 2017

Educational services
Commissioner Johns	SYDNEY, 21 FEBRUARY 2018

Application for approval of the Edith Cowan University Enterprise Agreement 2017.

1. On 22 November 2017 Edith Cowan University (Applicant) made an application for approval of the Edith Cowan University Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the National Tertiary Education Industry Union has indicated its acceptance of the undertakings.

1. Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. The Agreement lodged contained an error at Schedule 1, Part 3 on page 73. On 9 February 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.

1. 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), the Commission notes that the Agreement covers this organisation.

1. The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 February 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A