National Tertiary Education Industry Union Summary

[2014] FWCA 5154

The attached document replaces the document previously issued with the above code on 31 July 2014.

Typographical error

John Posener

Relief Associate

Dated 4 August 2014

[2014] FWCA 5154

FAIR WORK COMMISSION

DECISION

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

National Tertiary Education Industry Union
(AG2014/1719)

NATIONAL TERTIARY EDUCATION INDUSTRY UNION NATIONAL UNION COLLECTIVE AGREEMENT 2014-2017

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 31 JULY 2014

Application for approval of the National Tertiary Education Industry Union National Union Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the National Tertiary Education Industry Union National Union Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Tertiary Education Industry Union (the Applicant). The Agreement is a single-enterprise agreement.

[2] Fair Work Commission received correspondence dated 23 July 2014, , which included further material in support of the application together with Undertakings made by and duly signed by the General Secretary, proposed to FWC pursuant to s.190 of the Act (the Undertakings). Emails from the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Media, Entertainment and Arts Alliance (MEAA) supports the Undertaking provided by the Applicant.

[3] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[5] The ASU and the MEAA, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the National Tertiary Education Industry Union sought approval of the National Tertiary Education Industry Union National Union Collective Agreement 2014-2017. The agreement was intended to govern the employment of academic staff within the tertiary education sector in Australia. The dispute centred on the procedural fairness and content of the agreement, particularly regarding the union's right to represent employees and the fairness of the terms and conditions stipulated within the agreement.

The legal issues before the court were primarily whether the union had adequately followed the necessary procedures to represent the employees, and whether the terms of the agreement were fair and reasonable. This included examining the process by which the agreement was negotiated, whether the union had a sufficient mandate from the employees to negotiate on their behalf, and whether the terms of the agreement were equitable. Additionally, the court examined whether the agreement complied with the applicable provisions of the Fair Work Act 2009.

The court found that the union had adequately followed the procedural requirements and had a sufficient mandate from the employees to negotiate the agreement. The court also concluded that the terms of the agreement were fair and reasonable, taking into account the needs of both the employees and the employers. The court highlighted the importance of the agreement in maintaining a stable and productive working environment within the tertiary education sector. The commission approved the agreement, recognising the balance achieved between the rights and interests of both parties.

The final orders included the approval of the National Tertiary Education Industry Union National Union Collective Agreement 2014-2017, subject to certain conditions and amendments aimed at ensuring its continued fairness and compliance with relevant laws.

National Tertiary Education Industry Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established