The University of New England

[2025] FWCA 777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The University of New England

(AG2024/5189)

UNE ACADEMIC AND ENGLISH LANGUAGE TEACHING STAFF ENTERPRISE AGREEMENT 2024-2026

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 FEBRUARY 2025

Application for approval of the UNE Academic and English Language Teaching Staff Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the UNE Academic and English Language Teaching Staff Enterprise Agreement 2024-2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 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 section 54 of the Act, will operate from 7 March 2025. The nominal expiry date of the Agreement is 30 June 2026.

The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the National Tertiary Education Industry Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of New England (UNE) applied to the Fair Work Commission (FWC) for approval of the UNE Academic and English Language Teaching Staff Enterprise Agreement 2024-2026. The applicant, UNE, is an educational institution and the respondent, the National Tertiary Education Union (NTEU), is a union representing the academic and English language teaching staff of the university. The dispute revolves around the terms and conditions of employment for the relevant staff members, as outlined in the proposed enterprise agreement. The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for a fair and reasonable enterprise agreement.

The legal issues before the FWC included whether the proposed agreement provided for a fair and reasonable enterprise agreement, whether it met the requirements of the Fair Work Act 2009, and whether it provided for the minimum terms and conditions of employment as required by law. The FWC considered various factors, including the nature of the agreement, the bargaining power of the parties, and the impact of the agreement on the relevant staff members. The FWC also considered submissions from both parties and any other relevant evidence.

After careful consideration, the FWC found that the proposed agreement met the criteria for approval under the Fair Work Act 2009. The FWC determined that the agreement provided for a fair and reasonable enterprise agreement, and that it met the requirements of the Act. The FWC also found that the agreement provided for the minimum terms and conditions of employment as required by law. The FWC approved the UNE Academic and English Language Teaching Staff Enterprise Agreement 2024-2026, subject to certain conditions and modifications.

The FWC's decision was based on a detailed analysis of the proposed agreement, the submissions from both parties, and any other relevant evidence. The FWC found that the agreement provided for a fair and reasonable enterprise agreement, and that it met the requirements of the Fair Work Act 2009. The FWC also found that the agreement provided for the minimum terms and conditions of employment as required by law. The FWC approved the UNE Academic and English Language Teaching Staff Enterprise Agreement 2024-2026, subject to certain conditions and modifications. The decision provides clarity and certainty for both parties and ensures that the agreement is fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established