Queensland University of Technology Summary

[2023] FWCA 998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland University of Technology

(AG2023/583)

QUEENSLAND UNIVERSITY OF TECHNOLOGY ENTERPRISE AGREEMENT (PROFESSIONAL STAFF) 2022 – 2025

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 APRIL 2023

Application for approval of the Queensland University of Technology Enterprise Agreement (Professional Staff) 2022 – 2025.

An application has been made for approval of an enterprise agreement known as the Queensland University of Technology Enterprise Agreement (Professional Staff) 2022 – 2025 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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.

I observe that Clause 49 of the Agreement provides for terms that appear inconsistent with section 382 of the Act and may therefore be an unlawful term in accordance with section 194(c) of the Act.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 39.3.4 – Casual Conversion.

However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The National Tertiary Education Industry Union (NTEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the NTEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Queensland University of Technology, sought approval for the Enterprise Agreement (Professional Staff) 2022 – 2025. The application was lodged under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission to be legally binding. The primary dispute was whether the agreement met the requirements of the Act and was in the best interests of the employees it covered.

The central legal issue before the court was whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the court had to determine if the agreement was genuinely negotiated, if it contained the mandatory minimum terms and conditions, and if it was in the best interests of the employees. The court also needed to consider the fairness of the agreement to both parties and its alignment with the broader objectives of industrial relations legislation.

In assessing the application, the court considered the evidence provided by both the university and the employees' representatives. It examined whether the negotiation process was genuine and whether the agreement contained all mandatory terms and conditions. The court also evaluated the potential impact of the agreement on the employees' terms and conditions of employment, including any changes to pay, working conditions, and dispute resolution mechanisms. Ultimately, the court found that the agreement was fairly negotiated, contained all mandatory terms, and was in the best interests of the employees. The court approved the agreement, finding that it met the statutory requirements and would not have an adverse effect on employees.

The final orders of the court included the approval of the Queensland University of Technology Enterprise Agreement (Professional Staff) 2022 – 2025. The agreement was to be registered with the Fair Work Commission, thereby making it a legally binding contract between the university and its professional staff. The court's decision ensured that the employees would be covered by a modern and fair enterprise agreement, which would govern their employment terms and conditions for the next four years.

Queensland University of Technology

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established