DECISION

Fair Work Act 2009
s.185—Enterprise agreement

La Trobe University
(AG2018/1205)

LA TROBE UNIVERSITY COLLECTIVE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the La Trobe University Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the La Trobe University Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by La Trobe University. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is 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.

[3] 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.

[4] The National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, La Trobe University applied for approval of the La Trobe University Collective Agreement 2018. The agreement was negotiated between the university and the National Tertiary Education Union, representing academic staff. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The primary legal issues before the Commission included whether the agreement was appropriately negotiated, whether it complied with the relevant provisions of the Fair Work Act, and if it was in the best interests of the employees and the university.

The Commission considered the procedural fairness of the negotiation process and the substantive content of the agreement. It was noted that the agreement was the result of a good faith negotiation process, which was transparent and involved the union and the employer in a meaningful dialogue. The Commission also examined whether the agreement provided for fair terms and conditions, including wages, hours of work, and other employment conditions. The Commission found that the agreement was comprehensive and met the statutory requirements. It was also determined that the agreement was in the best interests of both the employees and the university, as it provided for fair and reasonable terms.

In approving the agreement, the Commission highlighted the importance of maintaining a cooperative and productive relationship between the university and its academic staff. The Commission noted that the agreement contained provisions that promoted this relationship, such as mechanisms for resolving disputes and provisions for professional development. The Commission concluded that the agreement was fair and reasonable and approved it under section 234 of the Fair Work Act. The university and the union were directed to take all necessary steps to implement the agreement.

The final orders of the Commission included the approval of the La Trobe University Collective Agreement 2018, with specific directions for the parties to implement the agreement. The Commission also directed the university and the union to provide a copy of the approved agreement to the Fair Work Ombudsman and to take all necessary steps to ensure that the agreement was brought into effect. The Commission's decision provides clarity for both the university and its academic staff regarding the terms and conditions of their employment, and it sets a precedent for future collective bargaining agreements in the higher education sector.

La Trobe University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established