The University of Adelaide
[2012] FWA 5022
•13 JUNE 2012
[2012] FWA 5022 |
|
DECISION |
Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements
The University of Adelaide
(AG2012/5288)
Educational services | |
COMMISSIONER STEEL | ADELAIDE, 13 JUNE 2012 |
Transferring employees.
[1] An application was made by the University of Adelaide pursuant to ss.318 and 319 of the Fair Work Act 2009 (the Act) seeking an order in relation to the coverage of the University of Adelaide Enterprise Agreement 2010-2013 (the Agreement).
[2] The applicant seeks the Agreement be applicable to five new employees formerly covered by the University of South Australia Enterprise Agreement 2011 who have been offered employment with the University of Adelaide contingent on this application being granted.
[3] The employees currently are employed in a joint venture enterprise of both universities, the Spencer Gulf Health School, on fixed contracts expiring 30 June 2012. At that time the joint venture will cease operating and the employees would transfer to the University of Adelaide as employees doing substantially the same work. The applicant seeks to avoid the issue of transfer of the employee’s former industrial instrument or subsequent reference to such instrument and seek an order to specify that the Agreement apply to the five employees.
[4] The applicant had provided evidence that the employees have accepted offers of employment which are contingent on this application being granted. The applicant’s Enterprise Agreement is on balance beneficial to the employees and will not disadvantage them. It will provide coherence and continuity to the applicant’s workplace. There is an obvious degree of business synergy between the employers and their agreements. There would be no economic disadvantage to the applicant by the order being granted and they would avoid administrative duplication of systems.
[5] On the evidence the employees have accepted and provided signed contracts for the intended positions.
[6] The National Tertiary Education Union is party to both agreements and in full knowledge of this application has advised through the applicant that they do not wish to intervene in this matter.
[7] The tribunal is accordingly satisfied that the application is appropriate and the evidence and submissions such that the considerations required under s.319 of the Act have been satisfied and the sought order should be granted. Such order is issued separately.
COMMISSIONER
Appearances:
Mr A Short for the applicant
Hearing details:
2012:
Adelaide
12 June
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