The University of Adelaide

[2018] FWCA 1220

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The University of Adelaide

(AG2018/109)

University of Adelaide Enterprise Agreement 2017-2021

Educational services
Deputy President Masson	MELBOURNE, 27 FEBRUARY 2018

Application for approval of the University of Adelaide Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the University of Adelaide Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The University of Adelaide. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, 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 and CPSU, the Community and Public Sector Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The University of Adelaide applied for the approval of the Enterprise Agreement 2017-2021. The dispute centred on whether the agreement was in line with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court had to determine if the agreement satisfied the necessary requirements for approval, including if it had been fairly negotiated and if it met the "better off overall test".

The legal issues revolved around whether the agreement was genuinely negotiated and if it provided employees with a minimum rate of pay and conditions that were at least equal to the relevant award or registered agreement. The court also had to assess if the agreement met the "better off overall test", which required that the majority of employees not covered by the agreement be better off or no worse off than they would be without it.

The court found that the agreement had been fairly negotiated and met the "better off overall test". The University of Adelaide demonstrated that a majority of employees were better off or no worse off under the agreement compared to the relevant award or agreement. The court approved the application, finding that the agreement satisfied all the necessary requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The court approved the application and authorised the Enterprise Agreement 2017-2021. This decision confirmed the agreement's validity and allowed it to take effect as per the terms outlined in the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established