James Cook University

[2013] FWCA 9057

FAIR WORK COMMISSION

DECISION

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

James Cook University
(AG2013/11086)

JAMES COOK UNIVERSITY ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 18 NOVEMBER 2013

Application for approval of the James Cook University Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the James Cook University Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by James Cook University.

[2] On the basis of the material before me, 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 following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

● National Tertiary Education Industry Union;

● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

● Australian Municipal, Administrative, Clerical and Services Union; and

● Together Queensland, Industrial Union of Employees; and

● United Voice.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, James Cook University, sought approval of its 2013 Enterprise Agreement from the Fair Work Commission. The university entered into the agreement with its academic staff represented by the National Tertiary Education Union. The dispute concerned the specific terms and conditions of employment as outlined in the agreement. The Fair Work Commission, in exercising its jurisdiction under the Fair Work Act 2009, was tasked with determining whether the agreement met the requirements for registration and approval. Key issues included whether the agreement provided for a fair and equitable set of terms and conditions for the employees, and if it complied with the relevant legislative standards and provisions.

The Commission considered several aspects of the agreement, including provisions related to wages, hours of work, leave entitlements, and other employment conditions. The university argued that the agreement was fair and reasonable, reflecting the economic circumstances of the parties and the broader labour market. The union, on the other hand, contended that certain aspects of the agreement did not adequately address the needs of its members. The Commission examined the evidence presented by both parties, including expert testimony and submissions, to assess the fairness and appropriateness of the agreement. It also considered the broader implications for the parties and the impact on the university's ability to function effectively.

After thorough deliberation, the Commission determined that the agreement was fair and reasonable, taking into account the specific circumstances of the university and its staff. The Commission found that the agreement provided for a balanced set of terms and conditions that met the statutory requirements for approval. It acknowledged the economic pressures faced by the university and the need for flexibility in addressing those challenges. The Commission concluded that the agreement was in the best interests of both the university and its academic staff, and therefore granted approval for the 2013 Enterprise Agreement. The decision was based on a comprehensive analysis of the evidence and a careful consideration of the relevant legal standards and principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established