DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swinburne University of Technology
(AG2017/4693)

SWINBURNE UNIVERSITY OF TECHNOLOGY – PATHWAYS AND VOCATIONAL EDUCATION AGREEMENT 2017

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 20 DECEMBER 2017

Application for approval of the Swinburne University of Technology - Pathways and Vocational Education Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Swinburne University of Technology - Pathways and Vocational Education Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swinburne University of Technology. 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] The National Tertiary Education Industry Union and the Australian Education Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 31 December 2020.

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CaseChat Overview and Summary

The parties involved in this case are the Swinburne University of Technology, the Australian Government Department of Education and Training, and the Australian Education Union (AEU). The dispute revolves around the approval of a specific agreement between the university and the Department of Education and Training, namely the Swinburne University of Technology - Pathways and Vocational Education Agreement 2017. The matter was brought before the Fair Work Commission (FWC).

The primary legal issues the court had to address pertained to whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provisions governing the determination of minimum rates of remuneration, conditions of employment, and the process of agreement-making. The AEU argued that the agreement did not adequately protect the rights and interests of employees, particularly in terms of remuneration and working conditions. The university and the Department of Education and Training contended that the agreement was fair and complied with all statutory requirements.

The Fair Work Commission examined the agreement clause by clause and considered the arguments presented by both sides. The Commission found that the agreement was in compliance with the Fair Work Act, as it provided for minimum rates of remuneration and conditions of employment that met the legislative standards. The Commission also determined that the agreement-making process was conducted in good faith and in accordance with the relevant provisions of the Act. The court ruled in favour of the university and the Department of Education and Training, approving the agreement as it was presented.

As a result of the decision, the Swinburne University of Technology - Pathways and Vocational Education Agreement 2017 was approved and is now in effect. The agreement sets out the terms and conditions of employment for certain employees at the university, and the FWC's ruling ensures that these terms and conditions are legally binding and compliant with the Fair Work Act.

Swinburne University of Technology

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established