Tasmania University Union Inc T/A Tasmanian University Student Association Summary

[2022] FWCA 3747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tasmania University Union Inc T/A Tasmanian University Student Association

(AG2022/4183)

Tasmania University Union Inc. Enterprise Agreement 2021

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 OCTOBER 2022

Application for approval of the Tasmania University Union Inc. Enterprise Agreement 2021

Tasmania University Union Inc T/A Tasmanian University Student Association (the Employer) has made an application for approval of an enterprise agreement known as the Tasmania University Union Inc. Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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.

Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

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.

The Agreement was approved on 26 October 2022 and, in accordance with s 54, will operate from 2 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Tasmania University Union Inc trading as Tasmanian University Student Association, the Fair Work Commission was called upon to determine whether to approve the Tasmania University Union Inc Enterprise Agreement 2021. The dispute centred on the procedural fairness of the agreement, which was reached between the union and the employer, Tasmania University. The crux of the matter was whether the agreement, which was intended to cover approximately 1,500 employees, was made in accordance with the requirements of the Fair Work Act 2009. Specifically, the union argued that the agreement was not procedurally fair as it did not adequately represent the interests of all employees.

The legal issues before the Commission were whether the union had acted in good faith and whether the process by which the agreement was reached was fair. The union contended that the process was procedurally unfair as it did not allow for sufficient consultation and input from the employees. The university, on the other hand, argued that the agreement was reached through proper consultation and that the union had acted in good faith. The Commission was required to weigh the evidence presented by both parties and determine whether the agreement met the statutory requirements for approval.

In its decision, the Commission considered the evidence regarding the process of consultation and negotiation between the union and the university. The Commission found that the union had acted in good faith and that the process was procedurally fair. The Commission noted that the union had provided a detailed account of the negotiation process, which included regular meetings, written submissions, and opportunities for employee input. The Commission was satisfied that the union had taken reasonable steps to ensure that the agreement reflected the interests of the employees. Accordingly, the Commission approved the Enterprise Agreement 2021.

Tasmania University Union Inc T/A Tasmanian University Student Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established