Sydney University Postgraduate Representative Association T/A SUPRA Summary

[2023] FWCA 3037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney University Postgraduate Representative Association T/A SUPRA

(AG2023/3089)

SYDNEY UNIVERSITY POSTGRADUATE REPRESENTATIVE ASSOCIATION ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 SEPTEMBER 2023

Application for approval of the Sydney University Postgraduate Representative Association Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Sydney University Postgraduate Representative Association Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Sydney University Postgraduate Representative Association T/A SUPRA and the SUPRA Legal Service Pty Ltd (Employers). The Agreement is a single enterprise agreement.

Undertakings

The Employers have provided written undertakings dated 12 September 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Vehicle Repair, Services and Retail Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisations

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2023. The nominal expiry date of the Agreement is 26 September 2026.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

The applicant, Sydney University Postgraduate Representative Association T/A SUPRA, sought approval of the Sydney University Postgraduate Representative Association Enterprise Agreement 2023. The dispute arose as the applicant aimed to formalise terms and conditions for postgraduate students within the University of Sydney. The case was heard in the Fair Work Commission of Australia. The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on whether it provided for minimum entitlements and did not disadvantage employees in relation to their employment.

The Fair Work Commission examined the agreement to ensure it met the statutory requirements under the Fair Work Act. The Commission assessed whether the agreement provided for minimum terms and conditions, including minimum wages, penalty rates, leave entitlements, and other employment conditions. The Court also considered whether the agreement disadvantaged employees in relation to their employment, ensuring that it did not undermine the protections afforded by the Act. The applicant argued that the agreement fairly represented the interests of the employees and provided adequate protections. The Commission found that the agreement adequately provided for the minimum entitlements and did not disadvantage the employees, thus meeting the legal criteria for approval.

In light of the findings, the Fair Work Commission approved the Sydney University Postgraduate Representative Association Enterprise Agreement 2023. The Court concluded that the agreement was fair, comprehensive, and met the statutory requirements under the Fair Work Act. The approval ensures that the terms and conditions of employment for postgraduate students at the University of Sydney are adequately protected and fairly represented. The decision provides certainty and stability in the employment relationship between the University and its postgraduate students.

Sydney University Postgraduate Representative Association T/A SUPRA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established