La Trobe University

[2014] FWCA 4222

The attached document replaces the document previously issued with the above code on 26 June 2014.

The document reference for the linked enterprise agreement has been rectified.

Christian Taylor

Relief Associate to Deputy President Smith

1 July 2014

[2014] FWCA 4222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

La Trobe University
(AG2014/6179)

LA TROBE UNIVERSITY COLLECTIVE AGREEMENT 2014

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 26 JUNE 2014

Application for approval of the La Trobe University Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the La Trobe University Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the La Trobe University. 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 Union, the CPSU, the Community and Public Sector Union, and United Voice being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] An issue was raised with the parties in relation to a current matter before a Full Bench [C2014/4035 s.604 Appeal by the National Tertiary Education Union]. Given the contents of the attached email from Ms Linda Gale, the National Industrial Coordinator, National Tertiary Education Union, I have decided to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2014. The nominal expiry date of the Agreement is 1 January 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of La Trobe University, the Fair Work Commission was tasked with approving a collective agreement between La Trobe University and its academic staff. The application for approval arose from negotiations conducted under the auspices of the Enterprise Agreement (EA) process. The primary dispute centred around whether the proposed agreement complied with the relevant statutory requirements and adequately represented the interests of the university and its academic staff.

The legal issues before the Commission involved scrutinising the proposed agreement to determine whether it contained the necessary provisions as outlined in the Fair Work Act 2009. Specifically, the Commission needed to ensure that the agreement met the formal requirements for EAs, including the inclusion of certain mandatory terms, and that it did not contravene any provisions of the Act or the Fair Work Regulations 2009. Additionally, the Commission had to assess whether the agreement had been genuinely negotiated between the parties and reflected a fair representation of the parties' respective interests.

The Commission found that the proposed agreement contained all the necessary provisions and met the formal requirements for EAs. It noted that the agreement was the result of genuine negotiations and was representative of the interests of both the university and its academic staff. The Commission also concluded that the agreement did not contravene any provisions of the Act or the Regulations. As a result, the Commission approved the La Trobe University Collective Agreement 2014, subject to the terms and conditions specified in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established