DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Navitas Limited
(AG2015/5941)

UNIVERSITY PROGRAMS DIVISION (UPD) WA STAFF ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 1 DECEMBER 2015

Application for approval of the University Programs Division (UPD) WA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the University Programs Division (UPD) WA Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Navitas Limited. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 1 December 2015 and, in accordance with s.54, will operate from 8 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Navitas Limited, the applicant sought approval for the University Programs Division (UPD) WA Enterprise Agreement 2015. The dispute centred around the terms and conditions set forth in the agreement, which aimed to regulate the employment of staff within the UPD in Western Australia. The case was heard in the Fair Work Commission (FWC), the industrial relations tribunal responsible for adjudicating on such matters.

The legal issues before the FWC included whether the agreement provided for fair and reasonable terms for employees, whether it complied with the relevant industrial laws, and if the process leading to the agreement was conducted in a fair and transparent manner. Additionally, the FWC had to determine if the agreement adequately protected the rights and interests of both the employees and the employer.

The FWC examined the application in detail, considering submissions from both the applicant and the relevant unions representing the employees. The Commission found that the agreement provided for fair and reasonable terms, as it balanced the interests of both parties. The agreement was deemed to comply with the relevant industrial laws and had been negotiated in good faith. The FWC concluded that the process leading to the agreement was fair and transparent. Consequently, the FWC approved the UPD WA Enterprise Agreement 2015, considering it to be in the best interests of all parties involved.

In approving the agreement, the FWC made clear its decision was based on the comprehensive consideration of all presented arguments and evidence. The final orders included the approval of the UPD WA Enterprise Agreement 2015, which would govern the employment conditions for staff within the UPD in Western Australia.

Navitas Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established