Flinders University of South Australia

[2014] FWCA 5178

FAIR WORK COMMISSION

DECISION

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

Flinders University of South Australia
(AG2014/1693)

FLINDERS UNIVERSITY ENTERPRISE AGREEMENT 2014 TO 2017

Educational services
COMMISSIONER STEEL	ADELAIDE, 31 JULY 2014

Application for approval of the Flinders University Enterprise Agreement 2014 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Flinders University Enterprise Agreement 2014 to 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The National Tertiary Education Industry Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Community and Public Sector Union, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) of the Act I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 7 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Flinders University of South Australia, sought approval of the Flinders University Enterprise Agreement 2014 to 2017. The application was made under section 185 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, presided over by Commissioner McGlynn.

The central legal issue the Commission had to address was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions, and if it was consistent with the provisions of the Act. Additionally, the Commission had to consider whether the agreement had been fairly negotiated and if it complied with the statutory requirements for the protection of employees' rights.

In delivering the decision, Commissioner McGlynn examined the contents of the proposed agreement and the process by which it was negotiated. The Commission found that the agreement contained all the prescribed minimum terms and conditions and was consistent with the Act. It was determined that the agreement had been fairly negotiated and met the statutory requirements for employee protection. Therefore, the application was approved, and the agreement was registered under the Fair Work Act 2009.

As a result of the decision, the Flinders University Enterprise Agreement 2014 to 2017 was approved and registered by the Fair Work Commission. This ruling ensures that the agreement remains in effect and that the terms and conditions it contains are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established