DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The University of New South Wales T/A UNSW Australia
(AG2015/3196)

UNSW AUSTRALIA (ACADEMIC STAFF) ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 6 AUGUST 2015

Application for approval of the UNSW Australia (Academic Staff) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UNSW Australia (Academic Staff) Enterprise Agreement 2015 (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 New South Wales T/A UNSW Australia. The agreement is a single enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

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

[4] The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 17 March 2018.

VICE PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the University of New South Wales Trading as UNSW Australia, applied for approval of the UNSW Australia (Academic Staff) Enterprise Agreement 2015. The application was opposed by the Australian Education Union, the National Tertiary Education Union and the National Tertiary Education Union (Academic Group). The dispute centred on various provisions of the proposed agreement, including those relating to casual employment, pay equity, and superannuation.

The central legal issues for the Commission to consider were whether the provisions of the agreement complied with the relevant federal legislation and if they met the requirements for being considered "fair and reasonable". This involved assessing the fairness of the proposed terms and conditions, and whether they provided for appropriate protections for the academic staff, while also considering the university’s need for flexibility and efficiency in managing its workforce.

The Commission examined the agreement in detail, considering submissions from both the university and the unions. It found that while some provisions did not meet the standards for fairness and reasonableness, others were acceptable. The Commission made a number of orders to amend the agreement to address these issues. These amendments included changes to the provisions regarding casual employment, pay equity, and superannuation, as well as other minor adjustments. The amended agreement was ultimately approved by the Commission.

The University of New South Wales T/A UNSW Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established