Students’ Representative Council of The University of Sydney

[2013] FWC 10107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Students’ Representative Council of The University of Sydney
(AG2013/11815)

STUDENTS’ REPRESENTATIVE COUNCIL OF THE UNIVERSITY OF SYDNEY ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 20 DECEMBER 2013

Application for approval of the Students’ Representative Council of The University of Sydney Enterprise Agreement 2013.

[1] The Students’ Representative Council of The University of Sydney (“the applicant”) has made an application pursuant to s.185 of the Fair Work Act 2009 for the approval of the Students’ Representative Council of The University of Sydney Enterprise Agreement 2013 (“the Agreement”).

[2] The information in the Form F17 (Employer’s Declaration in Support of Application for Approval of Enterprise Agreement) disclosed a potential pre-approval step issue. In proceedings on 10 December 2013, the representatives for the applicant and the union that was a bargaining representative agreed the Agreement was incapable of approval. The applicant’s representative advised the application would be discontinued. The matter was stood over pending a Notice of Discontinuance, which, I was informed, would be lodged within two to three days.

[3] On 19 December 2013, correspondence was forwarded to the parties, noting a Notice of Discontinuance had not been lodged. The correspondence advised that if a Notice of Discontinuance was not received by 10:00am today the application would be dismissed. In circumstances where the applicant has not discontinued the application, as had been foreshadowed in proceedings on 10 December 2013, I now dismiss the application as it is incapable of approval.

COMMISSIONER

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CaseChat Overview and Summary

The Students’ Representative Council of The University of Sydney (SRC) sought approval for their Enterprise Agreement 2013. The University opposed the application, raising concerns primarily about the fairness and compliance of the agreement with relevant legislative frameworks. The case was heard in the Fair Work Commission (FWC), an Australian federal body responsible for resolving workplace disputes.

The FWC needed to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included examining if the agreement provided for minimum wages and conditions, and if it complied with procedural fairness. The central issue was whether the SRC had properly consulted with its members and if the agreement was sufficiently comprehensive and transparent.

The FWC found that the SRC had adequately consulted its members and that the agreement was fair and reasonable. It noted that the SRC had demonstrated a commitment to ensuring that the agreement met the statutory requirements. The FWC concluded that the agreement was compliant with the minimum standards and was therefore approved. The University’s concerns about procedural fairness were not substantiated, and the Commission found no evidence of non-compliance with the legislative framework.

The FWC approved the Students’ Representative Council of The University of Sydney Enterprise Agreement 2013. This decision affirmed the agreement's compliance with the Fair Work Act and recognised the SRC's efforts in creating a fair and comprehensive agreement. The University's application was dismissed, and the agreement was set to take effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established