DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Federation University Australia
(AG2019/2726)

FEDERATION UNIVERSITY AUSTRALIA UNION ENTERPRISE AGREEMENT 2019-2021

Educational services
COMMISSIONER JOHNS	MELBOURNE, 5 SEPTEMBER 2019

Application for approval of the Federation University Australia Union Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Federation University Australia Union Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Federation University Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union & National Tertiary Education Industry Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Federation University Australia applied to the Fair Work Commission for approval of a proposed enterprise agreement with its employees, represented by the Federation University Australia Union. The union sought to establish a comprehensive agreement that would cover all employees of the university, including those employed on a casual basis. The application was contested by the University, which raised several concerns regarding the proposed terms and conditions.

The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees and the university. Specifically, the University argued that certain provisions of the agreement, such as the proposed pay rates and leave entitlements, were not reasonable and could potentially impose an undue financial burden on the institution.

In its decision, the Commission carefully considered the submissions from both parties and the relevant legal framework. The Commission found that while some of the proposed provisions did place additional financial demands on the university, these were balanced by the benefits that the agreement would bring to the employees, such as improved pay and conditions. The Commission concluded that the agreement was fair and reasonable, and in the best interests of both the employees and the university. Accordingly, the Commission approved the application and registered the Federation University Australia Union Enterprise Agreement 2019-2021.

The Commission's decision was subject to a right of appeal to the Federal Court. However, no appeal was lodged within the requisite period, and the agreement is now legally binding on both the university and its employees. The decision sets a precedent for future enterprise agreements in the higher education sector and underscores the importance of fair and reasonable terms that benefit both employers and employees.

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