DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross University
(AG2016/3471)

SOUTHERN CROSS UNIVERSITY ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Southern Cross University Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross University Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[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] The Community and Public Sector Union, the National Tertiary Education Industry Union and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales, 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 these organisations.

[5] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Southern Cross University, sought approval for the Southern Cross University Enterprise Agreement 2016. The applicant's case was that the agreement should be approved as it provided for appropriate terms and conditions for employees in the university sector, including provisions for wages, classification, and other employment-related matters. The applicant argued that the agreement had been negotiated in good faith and that it met the requirements of the relevant legislation.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval, including whether it provided for the proper classification of employees and whether it contained terms that were consistent with the relevant legislative framework. The Commission also had to consider whether the agreement provided for appropriate protections for employees, including provisions for dispute resolution and termination of employment. The applicant argued that the agreement met all of these criteria, while the respondents contended that it did not.

The Commission found that the agreement met the statutory criteria for approval and was consistent with the relevant legislative framework. The Commission noted that the agreement provided for appropriate classification of employees and that it contained provisions for dispute resolution and termination of employment. The Commission also found that the agreement had been negotiated in good faith and that it provided for appropriate terms and conditions for employees in the university sector. Accordingly, the Commission approved the agreement.

The Commission's decision provides important guidance for employers and employees in the university sector, as well as for other employers seeking to negotiate and approve enterprise agreements. The decision highlights the importance of ensuring that enterprise agreements meet the statutory criteria for approval, including provisions for appropriate classification of employees and protections for employees. The decision also underscores the importance of negotiating enterprise agreements in good faith and of ensuring that they provide for appropriate terms and conditions for employees.

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