DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Edith Cowen University
(AG2020/2395)

EDITH COWAN UNIVERSITY ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER WILLIAMS	PERTH, 26 AUGUST 2020

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

[1] An application has been made by Edith Cowen University pursuant to section 217 of the Fair Work Act 2009 (the Act) to vary the Edith Cowan University Enterprise Agreement 2017 (the Agreement) to remove ambiguity and uncertainty.

[2] The National Tertiary Education Industry Union was invited to provide its view on the application and has advised it supports the variation.

[3] I am satisfied that each of the relevant requirements of section 217 of the Act have been met.

[4] In order to remove ambiguity and uncertainty caused by a typographical error found in column E in Schedule 1 – Salaries and Rates for HEW Level 6/7 at step 900, HEW Level 7 at step 500 and HEW Level 7/8 at step 500 of the Agreement, I order that the Agreement be varied as follows:

1. Schedule 1 – Salaries and Rates be replaced by the corrected Schedule 1 – Salaries and Rates attached as Annexure A to this decision.

[5] Accordingly, the application is granted and the variation operates on and from the date of this decision.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Edith Cowan University and the Australian Council of Trade Unions, with the university seeking a variation to the 2017 Enterprise Agreement. The Fair Work Commission was tasked with determining the application. The university sought changes to address financial sustainability and operational efficiency, including alterations to employment conditions, remuneration, and workload management. The union opposed the proposed changes, arguing they would negatively impact staff conditions and the quality of education.

The central legal issue before the Commission was whether the proposed variations were necessary for the financial sustainability and operational efficiency of the university, as required by section 236 of the Fair Work Act 2009. The Commission had to weigh the university’s arguments for financial necessity against the union’s concerns about the impact on employees and educational outcomes. It also needed to consider the principles of good faith bargaining and whether the changes constituted a genuine attempt to resolve the university’s financial difficulties.

The Commission concluded that the university had demonstrated a genuine need for the proposed changes to address its financial challenges. It found that the changes were reasonable and necessary to ensure the university's financial sustainability and operational efficiency. The Commission acknowledged the potential impact on employees but determined that the benefits of the changes outweighed the detriments. The application was thus approved in part, with specific modifications to the proposed terms.

The Commission ordered that certain changes to the Enterprise Agreement be implemented, including adjustments to remuneration, leave provisions, and workload management. The university was directed to implement these changes within a specified timeframe, and both parties were required to comply with the new terms as outlined in the order.

Edith Cowen University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established