DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland University of Technology T/A Queensland University of Technology (QUT)
(AG2019/1370)

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

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 SEPTEMBER 2019

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

[1] Queensland University of Technology (the Employer) has made an application for approval of an enterprise agreement known as the Queensland University of Technology Enterprise Agreement (Professional Staff) 2018 – 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 National Tertiary Education Industry Union, the Australian Municipal, Administrative, Clerical and Services Union and United Voice, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 18 September 2019 and, in accordance with s 54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Queensland University of Technology T/A Queensland University of Technology (QUT), the Fair Work Commission considered an application for the approval of an enterprise agreement between the university and its professional staff. The agreement, titled the Queensland University of Technology Enterprise Agreement (Professional Staff) 2018-2021, sought to establish terms and conditions of employment for the professional staff within the university.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it complied with the ‘better off overall test’ and whether it was in the interests of the national system. The Commission needed to determine if the proposed terms and conditions of employment were fair and reasonable, and if they provided a better outcome for the employees than what would apply under the applicable award.

In reaching its decision, the Fair Work Commission examined the submissions from both parties, along with the relevant legislative and regulatory framework. The Commission considered the financial and non-financial benefits provided by the agreement, and weighed these against the obligations and detriments for the employees. After carefully evaluating the evidence and submissions, the Commission found that the agreement met the statutory requirements for approval. The proposed terms and conditions of employment were deemed to be fair and reasonable, and the agreement was considered to be in the interests of the national system.

As a result, the Fair Work Commission approved the Queensland University of Technology Enterprise Agreement (Professional Staff) 2018-2021, and the agreement now forms the basis of employment for the professional staff within the university. This decision provides clarity and certainty for both the university and its professional staff, and ensures that the agreement is in line with the principles of the national workplace relations system.

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

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established