DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland University of Technology T/A Queensland University of Technology (QUT)
(AG2019/1385)

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

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 AUGUST 2019

Application for approval of the Queensland University of Technology Enterprise Agreement (Academic 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 (Academic 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.

[3] 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.

[4] 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.

[5] The National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 6 August 2019 and, in accordance with s 54, will operate from 13 August 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

The case before the Fair Work Commission involved an application by the Queensland University of Technology (QUT) for approval of the Queensland University of Technology Enterprise Agreement (Academic Staff) 2018 - 2021. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. QUT argued that the agreement was fair and reasonable, while the union representing the academic staff contended that certain terms were not fair and reasonable.

The primary legal issues the Fair Work Commission had to address were whether the agreement provided for fair and reasonable terms and conditions, and whether it met the criteria for being a single, indivisible agreement. The Commission needed to examine the agreement's provisions, including those related to pay, leave entitlements, and other conditions of employment. Additionally, the Commission considered whether the agreement complied with the Fair Work Act's "better off overall test" and whether it provided for the fair and efficient resolution of workplace disputes.

The Fair Work Commission determined that the agreement did not fully meet the requirements for approval. The Commission found that certain terms regarding leave entitlements and pay adjustments were not fair and reasonable. It concluded that these terms did not adequately balance the interests of both parties and did not provide for fair and efficient resolution of workplace disputes. Consequently, the Commission did not grant approval to the agreement. The Commission ordered that the agreement be returned to the parties for further negotiation and amendment to address the identified issues.

In its decision, the Fair Work Commission did not make any final orders regarding the agreement. Instead, it directed that the agreement be returned to the parties with recommendations for changes to ensure it met the necessary standards for approval under the Fair Work Act. The Commission indicated that it would be open to re-considering the agreement once the identified issues had been addressed.

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