James Cook University

[2023] FWCA 2369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

James Cook University

(AG2023/2197)

JAMES COOK UNIVERSITY ENTERPRISE AGREEMENT 2022.

Educational services
COMMISSIONER SPENCER	BRISBANE, 31 JULY 2023

Application for approval of the James Cook University Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the James Cook University Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by James Cook University (the Applicant). The Agreement is a single enterprise agreement.

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

The National Tertiary Education Union (NTEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover them. In accordance with section 201(2) I note that the Agreement covers the NTEU and the CEPU.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

James Cook University (JCU) sought approval of an enterprise agreement from the Fair Work Commission. The application was contested by the Queensland Tertiary Education Union (QTEU). The Fair Work Commission considered the application, addressing several key legal issues. One of the primary issues was whether the agreement met the requirements of the Fair Work Act 2009, including the need for the agreement to provide for a minimum rate of pay and minimum conditions of employment. The court also examined whether the agreement was made in good faith and whether it was fair and reasonable.

The Fair Work Commission found that the agreement satisfied the statutory requirements, including the provision of minimum rates of pay and conditions. The Commission also determined that the agreement was made in good faith and was fair and reasonable. In reaching this conclusion, the Commission considered the nature of the bargaining process, the extent of the parties' engagement, and the content of the agreement itself. The Commission found that the agreement addressed the needs of the workforce and provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the enterprise agreement, finding that it met all necessary statutory criteria and was fair and reasonable. The Commission noted that the agreement provided for appropriate minimum rates of pay and conditions, and that the bargaining process was conducted in good faith. The Commission's decision provides clarity for both the university and the union, ensuring that the terms of the agreement are legally enforceable and provide a fair framework for the employment of university staff. The approval of the agreement allows JCU and QTEU to move forward with the implementation of the new terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established