DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Queensland University of Technology T/A Queensland University of Technology (QUT)
(AG2020/2373)

QUEENSLAND UNIVERSITY OF TECHNOLOGY ENTERPRISE AGREEMENT (PROFESSIONAL STAFF) 2018 - 2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 24 AUGUST 2020

Application for variation of The Queensland University of Technology Enterprise Agreement (Professional Staff) 2018-2021.

[1] An application has been made for approval of a variation to The Queensland University of Technology Enterprise Agreement (Professional Staff) 2018-2021 (the Agreement). The application was made by Queensland University of Technology T/A Queensland University of Technology (QUT) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 September 2019. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 24 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Queensland University of Technology (QUT) and the Queensland Tertiary Education Union (QTEU). QUT sought a variation to the existing Enterprise Agreement, specifically concerning salary adjustments and conditions of employment for professional staff. The dispute was heard and determined by the Fair Work Commission.

The primary legal issues the Commission had to address were whether the proposed variations to the Enterprise Agreement were reasonable and necessary. The Commission needed to determine if QUT had justified the need for salary adjustments and whether the proposed changes were fair and balanced. Additionally, the Commission had to consider the impact of the proposed variations on the employees' rights and obligations under the agreement.

The Commission thoroughly examined the submissions from both parties and the evidence provided. It considered QUT's financial position, the rationale for the salary adjustments, and the potential impact on employees. The Commission also assessed whether the proposed changes were in line with relevant industrial awards and the Fair Work Act. After careful deliberation, the Commission found that the proposed variations were reasonable and necessary. The Commission approved the variation application, allowing QUT to implement the changes to the Enterprise Agreement. The final orders included specific details regarding the salary adjustments and the effective date of the changes.

Queensland University of Technology T/A Queensland University of Technology (QUT)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established