Edith Cowan University

[2013] FWCA 5335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Edith Cowan University
(AG2013/7693)

EDITH COWAN UNIVERSITY ACADEMIC AND PROFESSIONAL STAFF UNION COLLECTIVE AGREEMENT 2013

Educational services
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 AUGUST 2013

Application for approval of the Edith Cowan University Academic and Professional Staff Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Edith Cowan University Academic and Professional Staff Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Edith Cowan University recently faced a legal matter before the Fair Work Commission regarding the approval of the Edith Cowan University Academic and Professional Staff Union Collective Agreement 2013. The application for approval was brought forth by the Edith Cowan University Academic and Professional Staff Union, representing the university's academic and professional staff. The primary dispute centred around the terms and conditions set forth in the proposed collective agreement and whether these were in compliance with relevant industrial and employment laws.

The legal issues before the court involved scrutinising the provisions of the proposed collective agreement to ensure they met the standards of the Fair Work Act 2009. Key considerations included whether the agreement adequately addressed employee entitlements, such as wages, leave, and working hours, and if it complied with the procedural requirements for the approval of a collective agreement. Additionally, the court examined if the agreement was made in good faith and if it facilitated a fair and efficient bargaining process between the university and the union.

In its reasoning, the court evaluated the fairness and reasonableness of the proposed agreement. It considered the balance of power between the university and the union and whether the agreement fostered a harmonious workplace environment. The court also examined if the agreement was free from any unfair or discriminatory provisions that could adversely affect employees. Ultimately, the court found that the proposed collective agreement met the necessary legal standards and was fair and reasonable. Consequently, the court approved the Edith Cowan University Academic and Professional Staff Union Collective Agreement 2013, affirming its compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established