[2015] FWCA 6964

The attached document replaces the document previously issued with the above code on 8 October 2015.

The word “Australia” has been added to the Agreement title in both the subject line and paragraph [1].

Associate to Commissioner Johns

Dated 9 October 2015

[2015] FWCA 6964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Federation University Australia
(AG2015/5635)

FEDERATION UNIVERSITY AUSTRALIA UNION COLLECTIVE AGREEMENT 2015-2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 8 OCTOBER 2015

Application for approval of the Federation University Australia Union Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Federation University Union Australia Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] 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] The National Tertiary Education Union, United Voice and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 October 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between the Federation University Australia Union and the employer, Federation University Australia. The Union sought approval for the Federation University Australia Union Collective Agreement 2015-2018, which aimed to establish terms and conditions of employment for its members. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for the proper operation of a fair and efficient workplace.

The primary legal issues that the Commission had to decide included whether the agreement provided for the proper operation of a fair and efficient workplace, and whether the agreement met the requirements of the Fair Work Act, including provisions for minimum rates of pay, allowances, and other entitlements. The Commission also had to consider whether the agreement complied with the Better Off Overall Test, ensuring that members would be no worse off financially than under the applicable award or safety net.

In reaching its decision, the Commission noted that the agreement contained provisions that met the legislative requirements and provided for a fair and efficient workplace. The Commission found that the proposed agreement did not result in any member being worse off overall and provided for improvements in certain areas, such as allowances and shift loadings. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and approved the application for the Federation University Australia Union Collective Agreement 2015-2018.

The Commission ordered that the agreement be registered and have effect from the date of the decision, providing the basis for the terms and conditions of employment for the members of the Federation University Australia Union during the specified period.

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