DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmania University Union Inc.
(AG2020/974)

TASMANIA UNIVERSITY UNION INC. & NTEU ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 1 MAY 2020

Application for approval of the Tasmania University Union Inc. & NTEU Enterprise Agreement 2017.

[1] Tasmania University Union Inc. (the Employer) has made an application for approval of an enterprise agreement known as the Tasmania University Union Inc. & NTEU Enterprise Agreement 2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] 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.

[5] The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 May 2020 and, in accordance with s 54, will operate from 8 May 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Tasmania University Union Inc., the Federal Court was tasked with deciding whether to approve an enterprise agreement between the Tasmania University Union Incorporated and the National Tertiary Education Union. The agreement, dated 2017, is a collective bargaining arrangement that governs the employment terms and conditions of university staff. The union sought the court's approval under the Fair Work Act 2009, which mandates that such agreements be assessed to ensure they meet the legal requirements and do not undermine the fundamental rights of employees.

The legal issues before the court centred on whether the agreement complied with the statutory prerequisites for approval. Key considerations included whether the agreement covered only permissible topics, whether it contained fair and reasonable terms, and whether it adhered to the procedural requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement contained terms that could adversely affect the health and safety of employees, whether it provided adequate protection against unfair dismissal, and if it was accompanied by the necessary documentation and evidence of genuine bargaining.

In delivering its judgment, the court meticulously examined each clause of the agreement. It concluded that the agreement was comprehensive, contained fair and reasonable terms, and met all the statutory requirements for approval. The court found that the agreement adequately protected employees' health and safety, provided for fair dismissal procedures, and was supported by the requisite documentation. The court also noted the extensive evidence of genuine bargaining, which reinforced its decision to approve the agreement. The court's approval was, therefore, granted, ensuring that the enterprise agreement could come into effect and regulate the employment conditions of the university staff as intended.

Tasmania University Union Inc.

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established