DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Tertiary Education Industry Union
(AG2019/3032)

NATIONAL TERTIARY EDUCATION INDUSTRY UNION - NATIONAL UNION COLLECTIVE AGREEMENT 2018 - 2021

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the National Tertiary Education Industry Union - National Union Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the National Tertiary Education Industry Union - National Union Collective Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Tertiary Education Industry Union. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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 Australian Municipal, Administrative, Clerical and Services Union and the Media, Entertainment and Arts Alliance, being 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 16 September 2019 and, in accordance with s.54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the National Tertiary Education Industry Union (NTEU) applied for approval of the National Union Collective Agreement 2018 - 2021. The application was contested by the University of Sydney, the Australian National University, and the Australian Catholic University. The central dispute was whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement complied with the procedural requirements for its registration and whether it met the substantive requirements, such as ensuring it did not have an adverse effect on employees' wages and conditions. The court also needed to assess whether the agreement provided for appropriate processes for resolving workplace disputes and if it complied with the good faith bargaining provisions.

The Fair Work Commission examined the procedural aspects of the agreement, confirming that the NTEU had followed the necessary steps for its registration. The court then assessed the substantive requirements, finding that the agreement did not unjustifiably affect employees' wages and conditions. It provided for effective processes for resolving workplace disputes and adhered to the good faith bargaining provisions. Consequently, the agreement was approved for registration.

The Fair Work Commission ordered that the National Union Collective Agreement 2018 - 2021 be approved and registered, effective from 1 April 2018. The decision was made under section 234 of the Fair Work Act 2009, formalising the agreement as a registered instrument.

National Tertiary Education Industry Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established