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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Sydney University Postgraduate Representative Association (SUPRA) and the University of Sydney. The dispute centred on the application for approval of the Sydney University Postgraduate Representative Association Enterprise Agreement 2017. The Fair Work Commission (FWC) was the court that heard the case. The primary legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was in the best interests of the employees it covered and if it complied with the relevant legislative requirements.

The FWC examined the terms of the agreement, including the proposed wages, conditions, and other employment-related provisions. The Commission considered whether the agreement provided a safety net for employees, ensured fair treatment, and maintained a balance between the interests of employees and employers. The FWC also assessed whether the agreement was consistent with the modern awards and whether it provided for genuine bargaining between the parties. The FWC had to be satisfied that the agreement was fair and reasonable in all the circumstances.

In reaching its decision, the FWC found that the proposed enterprise agreement met the criteria for approval. The FWC concluded that the agreement provided a fair and reasonable outcome for both employees and the employer. The Commission was satisfied that the agreement provided for a safety net of minimum terms and conditions, ensured fair treatment of employees, and maintained a balance between the interests of the parties. The FWC also found that the agreement was consistent with the relevant modern awards and that it provided for genuine bargaining. The FWC approved the application for the agreement to be registered.

The FWC ordered that the Sydney University Postgraduate Representative Association Enterprise Agreement 2017 be registered as a single-enterprise agreement under the Fair Work Act 2009. The agreement came into effect on the first day of the first agreed pay period after the registration date. This decision provided certainty for both the employees and the employer and established the terms and conditions of employment for postgraduate research students at the University of Sydney.

Sydney University Postgraduate Representative Association (SUPRA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established