DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Federation University Australia
(AG2019/3228)

FEDERATION UNIVERSITY AUSTRALIA TAFE TEACHING STAFF AGREEMENT 2019

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 23 SEPTEMBER 2019

Application for approval of the Federation University Australia TAFE Teaching Staff Agreement 2019.

[1] Federation University Australia (the Employer) has made an application for approval of an enterprise agreement known as the Federation University Australia TAFE Teaching Staff Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] I observe that clauses 36.1, 36.2 and 47.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Education Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 September 2019 and, in accordance with s 54, will operate from 30 September 2019. The nominal expiry date of the Agreement is 23 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Federation University Australia, sought approval from the Fair Work Commission of the Federation University Australia TAFE Teaching Staff Agreement 2019. The application was opposed by the respondents, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute was heard and determined by the Fair Work Commission, led by Commissioner D. Williams.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements outlined in the Fair Work Act. This included assessing if the agreement had been genuinely negotiated and if it contained the necessary minimum terms and conditions. The respondents contended that the agreement failed to provide adequate protections for employees, particularly in relation to workload and job security. The applicant argued that the agreement was a fair and reasonable outcome of genuine bargaining and included all the required minimum terms.

After reviewing the evidence and submissions, the Commission found that the agreement had been genuinely negotiated and contained all the necessary minimum terms and conditions. The Commission held that the agreement was fair and reasonable, taking into account the interests of both employees and the employer. As such, the Commission approved the application, endorsing the agreement as a valid and enforceable workplace instrument. The orders of the Commission confirmed the approval of the agreement, subject to any necessary modifications to ensure compliance with the Fair Work Act.

Federation University Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established