National Tertiary Education Industry Union T/A NTEU Summary

[2024] FWCA 3197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Tertiary Education Industry Union T/A NTEU

(AG2024/3059)

NTEU STAFF ENTERPRISE AGREEMENT 2024 – 2027

Industries not otherwise assigned
COMMISSIONER CRAWFORD	SYDNEY, 6 SEPTEMBER 2024

Application for approval of the NTEU Staff Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the NTEU Staff Enterprise Agreement 2024 - 2027 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by the National Tertiary Education Industry Union (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Media, Entertainment and Arts Alliance (MEAA) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ASU and the MEAA.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Tertiary Education Industry Union, trading as the NTEU, applied to the Fair Work Commission for approval of the NTEU Staff Enterprise Agreement 2024-2027. The dispute centered around the terms and conditions of employment for staff within the tertiary education industry. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around the fairness and reasonableness of the agreement's provisions, including wages, working conditions, and dispute resolution mechanisms. The Commission had to assess whether the agreement complied with the relevant provisions of the Fair Work Act and did not unfairly discriminate against any group of employees. The Commission also considered the extent to which the agreement promoted harmonious, productive, and cooperative workplace relationships.

After a thorough examination of the agreement, the Fair Work Commission concluded that the NTEU Staff Enterprise Agreement 2024-2027 was fair and reasonable. The Commission found that the agreement did not contain any provisions that would unfairly disadvantage employees and provided a balanced approach to the rights and obligations of both employers and employees. Consequently, the Commission approved the agreement, recognising its alignment with the principles of the Fair Work Act and its potential to foster a productive and cooperative workplace environment.

The Fair Work Commission approved the NTEU Staff Enterprise Agreement 2024-2027, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions for staff within the tertiary education industry during the specified period, providing a framework for fair and productive workplace relationships.

National Tertiary Education Industry Union T/A NTEU

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established