DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders University
(AG2019/2598)

FLINDERS UNIVERSITY ENTERPRISE AGREEMENT 2019 TO 2022

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the Flinders University Enterprise Agreement 2019 to 2022.

[1] Flinders University has applied for approval of a single enterprise agreement known as the Flinders University Enterprise Agreement 2019 to 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to whether: the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains the mandatory terms. Further information was provided in relation to the concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] The Applicant also applied to correct an error at clause 6.6.2 of the Agreement. In the circumstances, and having considered the views expressed by a bargaining representative, I consider that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] On the basis of the material contained in the application, amended Agreement page and further information provided on request of the Commission, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Community and Public Sector Union (State Public Services Federation) SA Branch and the National Tertiary Education Industry Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 13 September 2019 and, in accordance with s.54, will operate from 20 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, the applicant Flinders University sought approval of the Flinders University Enterprise Agreement 2019 to 2022. The respondent, the National Tertiary Education Union, opposed the application on the basis that the agreement did not meet the "better off overall test" as required by section 233 of the Fair Work Act 2009. The dispute centred around the conditions, particularly the remuneration, of academic staff covered by the agreement.

The central legal issue before the Commission was whether the terms of the agreement provided employees with a "net benefit" compared to the applicable award or registered agreement. The Commission examined the financial implications of the proposed changes, including salary increases, on the employees, against the backdrop of the existing Fair Work Act standards. The analysis involved a detailed comparison of the proposed conditions with those provided under the applicable award to determine if the employees were indeed better off overall.

The Commission found that the proposed agreement did indeed provide a net benefit to the employees. The salary increases and other benefits offered in the agreement outweighed any potential disadvantages, thereby satisfying the better off overall test. The Commission approved the agreement, noting the significant efforts by both parties in negotiating a comprehensive and fair enterprise agreement. The final orders included the approval of the agreement, which would now be binding on the parties for the specified period.

Flinders University

DECISION

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Background to the litigation

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Legal Principle Established