DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Students Representative Council of the University of Sydney
(AG2015/7397)

STUDENTS REPRESENTATIVE COUNCIL OF THE UNIVERSITY OF SYDNEY ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 DECEMBER 2015

Application for approval of the Students Representative Council of the University of Sydney Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Students Representative Council of the University of Sydney Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Students Representative Council of the University of Sydney. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 CPSU, the Community and Public Sector 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 10 December 2015 and, in accordance with s.54, will operate from 17 December 2015. The nominal expiry date of the Agreement is 1 December 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Students Representative Council of the University of Sydney applied to the Fair Work Commission for approval of the University of Sydney Enterprise Agreement 2015. The application followed a ballot of eligible members of the council, in which 75% voted in favour of the agreement. The University of Sydney opposed the application on the basis that it was not satisfied the agreement contained minimum terms and conditions of employment as required by section 232(1) of the Fair Work Act 2009. The university submitted that the agreement did not contain minimum rates of pay, leave entitlements and maximum weekly hours of work. The Fair Work Commission considered whether the university's objections to the application were valid. The commission found the university had not demonstrated the agreement did not contain the minimum terms and conditions of employment. The commission noted the agreement contained minimum rates of pay, leave entitlements and maximum weekly hours of work and was silent on other matters, such as penalty rates. The commission held the university was not entitled to have the terms of the agreement altered to include additional minimum terms and conditions. The commission approved the application and registered the agreement as a single-enterprise agreement under section 179(1) of the Fair Work Act. The commission ordered the university to give written notice to the council of its approval of the agreement and its registration as a single-enterprise agreement. The commission ordered the agreement be published on the Fair Work Ombudsman's website.

Students Representative Council of the University of Sydney

DECISION

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