Queensland University of Technology

[2023] FWCA 998

[2023] FWCA 998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland University of Technology

(AG2023/583)

QUEENSLAND UNIVERSITY OF TECHNOLOGY ENTERPRISE AGREEMENT (PROFESSIONAL STAFF) 2022 – 2025

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 APRIL 2023

Application for approval of the Queensland University of Technology Enterprise Agreement (Professional Staff) 2022 – 2025.

1. An application has been made for approval of an enterprise agreement known as the Queensland University of Technology Enterprise Agreement (Professional Staff) 2022 – 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland University of Technology (the Applicant). The Agreement is a single enterprise agreement.

1. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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.

1. I observe that Clause 49 of the Agreement provides for terms that appear inconsistent with section 382 of the Act and may therefore be an unlawful term in accordance with section 194(c) of the Act.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 39.3.4 – Casual Conversion.

However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The National Tertiary Education Industry Union (NTEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the NTEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

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