The University of New England

[2025] FWCA 775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The University of New England

(AG2024/5187)

UNE PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2023 - 2026

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 FEBRUARY 2025

Application for approval of the UNE Professional Staff Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the UNE Professional Staff Enterprise Agreement 2023 - 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 (NTEU) and the Community and Public Sector Union (CPSU), being bargaining representatives for the Agreement, have given notice to the Fair Work Commission that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note that the Agreement covers the NTEU and the CPSU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of New England (UNE) applied for approval of the UNE Professional Staff Enterprise Agreement 2023 - 2026. The application was made to the Fair Work Commission, which was asked to consider whether the agreement met the necessary criteria under the Fair Work Act 2009. The university sought to establish a new enterprise agreement governing the employment terms and conditions of its professional staff, including academics and researchers. The application was contested by the Professional Staff Association, representing the university's professional staff, which raised concerns about certain provisions of the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it provided for the "mandatory matters" outlined in the legislation. These mandatory matters include minimum wages, penalty rates, leave entitlements, and maximum weekly hours, among other provisions. The Commission had to examine each provision of the agreement to determine if it complied with the mandatory requirements and did not unfairly disadvantage the professional staff. Additionally, the Commission assessed whether the agreement had been genuinely negotiated between the university and the association.

In reaching its decision, the Commission examined the proposed agreement in detail, considering the arguments presented by both parties. It found that the agreement did address the mandatory matters and provided for minimum wages, leave entitlements, and other conditions in line with the legislative requirements. The Commission also determined that the agreement had been genuinely negotiated and reflected a fair balance between the interests of the university and the professional staff. Based on these findings, the Commission approved the application for the UNE Professional Staff Enterprise Agreement 2023 - 2026, confirming that it met the necessary standards under the Fair Work Act.

The Fair Work Commission's approval of the agreement means that it will now be the legally binding document governing the employment conditions of professional staff at the University of New England. The agreement will come into effect as specified and will provide a framework for the terms and conditions of employment for the duration of the agreement. The Commission's decision ensures that the professional staff's rights and entitlements are protected and that the university can proceed with the implementation of the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established