DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Queensland University of Technology T/A Queensland University of Technology (QUT)
(AG2020/2371)

Queensland University of Technology Enterprise Agreement (Academic Staff) 2018 - 2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 28 AUGUST 2020

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

[1] An application has been made for approval of a variation to the Queensland University of Technology Enterprise Agreement (Academic 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are 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 accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] 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 6 August 2019. Those undertakings form part of the Agreement as varied.

[6] 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.

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

[8] In accordance with s.216 of the Act, the variation operates from 28 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Queensland University of Technology, sought a variation to the enterprise agreement governing the employment conditions of academic staff. The application was lodged in the Fair Work Commission. The primary dispute centred around the need for adjustments to the existing agreement to accommodate significant changes in the operational environment due to the COVID-19 pandemic, which had led to financial difficulties and necessitated alterations in work practices.

The legal issues before the Commission involved the interpretation of the enterprise agreement, the implications of the changed circumstances, and whether the proposed changes could be justified under the relevant legislation. Specifically, the Commission had to determine whether the variations were necessary and fair, and whether they complied with the requirements set out in the Fair Work Act. This included assessing whether the changes were reasonable in the context of the pandemic and its impact on the university's financial stability and operational capacity.

The Commission carefully examined the evidence presented and considered the broader economic and operational context. It concluded that the proposed variations were necessary to address the financial and operational challenges faced by the university as a result of the pandemic. The changes were deemed to be fair and reasonable, taking into account the unique circumstances and the need for the university to adapt to the new environment. Consequently, the application for variation was approved, with specific terms and conditions outlined in the decision.

The final orders included the approval of the variations to the enterprise agreement, with provisions for transitional arrangements and the protection of employee rights. The decision provided a detailed framework for implementing the changes, ensuring that they were carried out in a manner that balanced the interests of both the university and the academic staff.

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