DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Students Representative Council of the University of Sydney
(AG2019/4846)

STUDENTS REPRESENTATIVE COUNCIL OF THE UNIVERSITY OF SYDNEY ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2019

Application for approval of the Students Representative Council of the University of Sydney Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Students Representative Council of the University of Sydney Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Students Representative Council of the University of Sydney. The Agreement is a single enterprise agreement.

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

[3] The CPSU, the Community and Public Sector Union and National Tertiary Education Industry Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2020. The nominal expiry date of the Agreement is 1 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Students Representative Council of the University of Sydney (SRC) applied to the Fair Work Commission (FWC) for approval of the SRC Enterprise Agreement 2019. The University of Sydney opposed the application on various grounds, including concerns about the fairness and effectiveness of the agreement. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement provided for fair and effective industrial relations, whether it was made in good faith, and whether it complied with relevant legislative provisions. The University of Sydney argued that the agreement did not adequately address issues such as procedural fairness, pay equity, and the appropriate scope of the agreement. The SRC, on the other hand, contended that the agreement was fair and met all necessary criteria.

The FWC determined that while the agreement contained provisions that were fair and effective, there were several areas of concern. The FWC found that the agreement did not sufficiently address procedural fairness and pay equity. The FWC also found that the scope of the agreement was broader than appropriate. However, the FWC concluded that the overall fairness and effectiveness of the agreement were not entirely compromised, and it could be approved with modifications. The FWC made specific orders to address the issues of procedural fairness, pay equity, and the scope of the agreement.

The FWC approved the SRC Enterprise Agreement 2019, subject to modifications. These modifications included specific clauses to ensure procedural fairness, address pay equity, and narrow the scope of the agreement to ensure it covered only the intended parties. The SRC and the University of Sydney were directed to implement these modifications within a specified timeframe.

The Students Representative Council of the University of Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established