DECISION

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

Swinburne University of Technology
(AG2015/5851)

SWINBURNE UNIVERSITY OF TECHNOLOGY, ACADEMIC & GENERAL STAFF ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 25 NOVEMBER 2015

Application for approval of the Swinburne University of Technology, Academic & General Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Swinburne University of Technology, Academic & General Staff 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 Swinburne University of Technology. The agreement is a single enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Swinburne University of Technology, sought approval of the Swinburne University of Technology Academic & General Staff Enterprise Agreement 2015. The applicant argued that the agreement was fair and reasonable. The respondent, the Australian Education Union, opposed the approval, arguing that the agreement was unfair and unreasonable. The Fair Work Commission heard the application.

The legal issues before the Commission were whether the agreement was fair and reasonable, and whether it complied with the relevant statutory provisions. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, including remuneration, hours of work, and other terms and conditions of employment. The Commission also considered whether the agreement complied with the requirements of the Fair Work Act 2009.

The Commission found that the agreement was fair and reasonable and complied with the relevant statutory provisions. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including remuneration, hours of work, and other terms and conditions of employment. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009. The Commission approved the agreement and made an order for its approval.

The Commission made an order for the approval of the Swinburne University of Technology Academic & General Staff Enterprise Agreement 2015. The order was made on the basis that the agreement was fair and reasonable and complied with the relevant statutory provisions. The order also provided for the agreement to be registered with the Fair Work Commission. The order was made on the date of the decision.

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