The University Of Adelaide

[2023] FWCA 2091

[2023] FWCA 2091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The University Of Adelaide

(AG2023/2031)

UNIVERSITY OF ADELAIDE ENTERPRISE AGREEMENT 2023 - 2025

Educational services
COMMISSIONER PLATT	ADELAIDE, 12 JULY 2023

Application for approval of the University of Adelaide Enterprise Agreement 2023 - 2025 (Agreement)

1. An application has been made for approval of an enterprise agreement known as the University of Adelaide Enterprise Agreement 2023 – 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The University of Adelaide (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 28 June 2023.

1. On 30 June 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking. The University provided a written response to the issues raised.

1. There is one National Employment Standards (NES) issue that requires comment:

·  Clause 3.11.4.1(c) of the Agreement indicates that a casual professional employee is entitled to convert where the employee worked regular and systematic hours over the preceding 24 months. Whereas s.66B and s.66F of the Act provides entitlement to convert where the casual has been employed for 12 months and have in the last 6 months worked a regular pattern of hours.

1. Clause 1.4.2 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, Clause 3.11.4.1(c) will not apply to the extent that it is inconsistent with the NES.

1. The Applicant has submitted an undertaking in the required form dated 10 July 2023. The undertaking deals with the following topics:

·  Casual Academics who are required to perform Musical Accompanying duties will be paid a minimum of the 2 hours at the relevant Award rate. The rate will increase in line with the scheduled percentage increases at clause 3.1.1 of the Agreement.

·  Despite Clauses 3.11.3.4 and 3.11.3.5, Casual professional staff will not be employed for a period of less than 3 hours, unless they are a student at the university or employed elsewhere on the University and already present on campus – where a one hour minimum engagement will apply subject to them being on campus for not less than 3 hours on that day.

·  Casual academic staff members and casual staff members who work for less than two hours will be paid a minimum of three hours pay at the relevant Award rate.

·  A staff member at Level HEO6 or below upon termination will be paid any accrued but untaken TOIL at the applicable overtime rate.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The National Tertiary Education Union and the Community and Public Sector Union (SA Branch) – Public Sector Association (SPSF) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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