National Tertiary Education Industry Union v The University of Sydney

[2016] FWC 3811

[2016] FWC 3811

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.739—Dispute resolution

National Tertiary Education Industry Union
v
The University of Sydney
(C2016/350)

COMMISSIONER MCKENNA SYDNEY, 10 JUNE 2016

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] I made the following statement and recommendation in proceedings today.

[2] Clause 89 of the University of Sydney Enterprise Agreement 2013-2017 (“enterprise agreement”) requires The University of Sydney (“University”) to establish and maintain at least 80 Scholarly Teaching Fellow (“STF”) positions by 1 July 2016.

[3] As of 10 June 2016, the University has filled 16 STF positions and has recruitment processes underway in respect of a further 46 positions.

[4] The enterprise agreement creates binding obligations; and if the University contravenes the requirement to establish and maintain 80 STF positions, the National Tertiary Education Industry Union has indicated it will commence proceedings in the Federal Court of Australia concerning alleged breaches of the enterprise agreement.

[5] Given the requirements of the enterprise agreement, I recommend that the University give immediate attention to the rights and obligations arising.

COMMISSIONER

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