Sydney University Postgraduate Representative Association (SUPRA)

[2017] FWCA 2760

[2017] FWCA 2760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney University Postgraduate Representative Association (SUPRA)
(AG2017/1542)

SYDNEY UNIVERSITY POSTGRADUATE REPRESENTATIVE ASSOCIATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 18 MAY 2017

Application for approval of the Sydney University Postgraduate Representative Association Enterprise Agreement 2017.

[1] On 1 May 2017, Sydney University Postgraduate Representative Association (SUPRA) (Applicant) made an application for approval of the Sydney University Postgraduate Representative Association Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. In all the circumstances the Fair Work Commission (Commission) considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the National Tertiary Education Industry Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 May 2017. The nominal expiry date of the Agreement is 25 May 2020.

COMMISSIONER

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ANNEXURE A