Federation University Australia

[2025] FWCA 2245

[2025] FWCA 2245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Federation University Australia

(AG2025/2038)

FEDERATION UNIVERSITY AUSTRALIA TAFE TEACHING STAFF AGREEMENT 2025 - 2028

Educational services
COMMISSIONER REDFORD	MELBOURNE, 9 JULY 2025

Application for approval of the Federation University Australia TAFE Teaching Staff Agreement 2025 - 2028

1. An application has been made for approval of an enterprise agreement known as the Federation University Australia TAFE Teaching Staff Agreement 2025 – 2028 (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 (FUA). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

Undertakings

1. In response to several issues raised with FUA in relation to its application, it has provided written undertakings, a copy of which are 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. 

1. The undertakings relate to:  

1. Renumeration package for casual employees

Consideration

1. 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.

1. The Australian Education Union (AEU) and the National Tertiary Education Union (NTEU) both 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) of the Act I note that the Agreement covers the AEU and the NTEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A