DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney University Postgraduate Representative Association T/A SUPRA
(AG2020/1827)

SYDNEY UNIVERSITY POSTGRADUATE REPRESENTATIVE ASSOCIATION ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JULY 2020

Application for approval of the Sydney University Postgraduate Representative Association Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sydney University Postgraduate Representative Association Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sydney University Postgraduate Representative Association T/A SUPRA. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2020. The nominal expiry date of the Agreement is 5 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were the Sydney University Postgraduate Representative Association (SUPRA) and the University of Sydney. The matter was brought before the Fair Work Commission (FWC) to seek approval of the SUPRA Enterprise Agreement 2020. The university, represented by its legal counsel, challenged the agreement on several grounds, including concerns about the process by which the agreement was negotiated and the fairness of certain provisions. SUPRA, represented by its legal representatives, defended the negotiation process and the terms of the agreement, asserting that they were reached through proper consultation and negotiation and were fair and reasonable.

The legal issues before the FWC included whether the agreement was negotiated in good faith, whether the process complied with relevant legislative requirements, and whether the terms of the agreement were fair and reasonable. The university argued that the negotiation process was flawed and that certain provisions of the agreement, particularly those relating to the appointment and role of the SUPRA representative, were unreasonable. SUPRA, on the other hand, maintained that the negotiation process was valid and that the terms of the agreement were fair and reasonable, reflecting the needs and interests of the postgraduate students.

In its decision, the FWC considered the evidence and arguments presented by both parties. The commission found that the negotiation process was generally in compliance with the relevant legislative requirements, despite some procedural irregularities. The FWC also found that the terms of the agreement were fair and reasonable, taking into account the educational context of the university and the needs of the postgraduate students. The FWC acknowledged the university's concerns but concluded that the benefits of approving the agreement outweighed any procedural shortcomings. Consequently, the FWC approved the SUPRA Enterprise Agreement 2020.

In light of the findings, the FWC approved the SUPRA Enterprise Agreement 2020, subject to the conditions outlined in the decision. The university's objections to the negotiation process and certain terms of the agreement were not upheld, and the agreement was deemed to be fair and reasonable. The decision provides clarity on the negotiation and approval process for enterprise agreements within the educational sector and sets a precedent for future agreements at the University of Sydney.

Sydney University Postgraduate Representative Association T/A SUPRA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established