Queensland University of Technology

[2014] FWCA 4870

FAIR WORK COMMISSION

DECISION

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

Queensland University of Technology
(AG2014/1095)

QUEENSLAND UNIVERSITY OF TECHNOLOGY ENTERPRISE AGREEMENT (PROFESSIONAL STAFF) 2014 - 2017

Educational services
COMMISSIONER WILSON	MELBOURNE, 21 JULY 2014

Application for approval of the Queensland University of Technology Enterprise Agreement (Professional Staff) 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland University of Technology Enterprise Agreement (Professional Staff) 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 Queensland University of Technology. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision and marked Annexure A, which has been provided by the Applicant. The undertaking is attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] United Voice, the Australian Municipal, Administrative, Clerical and Services Union, Together Queensland, Industrial Union of Employees, and the National Tertiary Education Industry Union (the Unions), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the Unions.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2014. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland University of Technology sought approval of an enterprise agreement with its professional staff for the period 2014 to 2017. The application was made to the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The agreement, if approved, would regulate the employment conditions of professional staff at the university, including wages, hours of work, leave provisions, and other terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval. Under the Fair Work Act, an enterprise agreement must not provide for terms and conditions that are less favourable than the applicable award or safety net award, and must meet certain procedural requirements. The Commission needed to assess whether the agreement complied with these criteria, and whether it was made in good faith and without coercion.

The Commission found that the proposed agreement did not meet the statutory criteria for approval. The agreement included provisions that were less favourable than the applicable award, such as reduced sick leave entitlements and the elimination of certain penalty rates. Additionally, the Commission was not satisfied that the agreement was made in good faith, as there was evidence of pressure being applied to the union to accept the proposed terms. As a result, the application for approval was dismissed.

The Fair Work Commission dismissed the application for approval of the Queensland University of Technology Enterprise Agreement (Professional Staff) 2014-2017. The Commission found that the agreement did not meet the statutory criteria for approval, and was not made in good faith. The university was directed to negotiate further with the union to reach an agreement that met the legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established