DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross University
(AG2018/5418)

SOUTHERN CROSS UNIVERSITY ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 APRIL 2019

Application for approval of the Southern Cross University Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross University Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Cross University. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The CPSU, the Community and Public Sector Union and the National Tertiary Education Industry Union (NTEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross University applied to the Fair Work Commission for approval of the Southern Cross University Enterprise Agreement 2018. The application was contested by the University Teachers' Association of New South Wales, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by the Commission, which was required to determine whether the agreement was in compliance with the Act.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained provisions that were not in line with the Act, including provisions relating to redundancy and termination of employment. The Commission also found that the agreement did not adequately protect the rights of employees in relation to their work arrangements.

The Commission concluded that the agreement did not meet the requirements of the Act and was not fair and reasonable. The Commission noted that the agreement contained provisions that were not in line with the Act, including provisions relating to redundancy and termination of employment. The Commission also found that the agreement did not adequately protect the rights of employees in relation to their work arrangements. The Commission therefore refused to approve the agreement.

The Commission ordered that the application be dismissed and that the agreement be returned to the parties for further negotiation. The Commission noted that the agreement contained provisions that were not in line with the Act, including provisions relating to redundancy and termination of employment. The Commission also found that the agreement did not adequately protect the rights of employees in relation to their work arrangements. The Commission therefore refused to approve the agreement and ordered that it be returned to the parties for further negotiation.

Southern Cross University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established