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
(AG2015/3197)

UNSW AUSTRALIA (PROFESSIONAL STAFF) ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 6 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the UNSW Australia (Professional 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, the Community and Public Section Union, United Voice, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales 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 organisations.

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of New South Wales Trading as UNSW Australia brought an application to the Fair Work Commission for the approval of the UNSW Australia (Professional Staff) Enterprise Agreement 2015. The agreement sought to regulate the terms and conditions of employment for professional staff at the university. The application was opposed by the Professional Staff Association, which represented the university's professional staff members. The association raised concerns about the proposed changes to the terms and conditions of employment, including changes to pay rates, leave entitlements, and working conditions.

The legal issues before the Fair Work Commission included whether the proposed agreement provided for the fair and equitable treatment of professional staff, whether it complied with the relevant legislative framework, and whether it met the requirements for approval under the Fair Work Act 2009. The commission had to consider whether the agreement provided for the fair and equitable treatment of professional staff, including whether it provided for a reasonable balance between the interests of the university and its professional staff. The commission also had to consider whether the agreement complied with the relevant legislative framework, including whether it met the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the UNSW Australia (Professional Staff) Enterprise Agreement 2015. The commission found that the agreement provided for the fair and equitable treatment of professional staff, including a reasonable balance between the interests of the university and its professional staff. The commission also found that the agreement complied with the relevant legislative framework and met the requirements for approval under the Fair Work Act. The commission considered that the proposed changes to the terms and conditions of employment were reasonable and in line with industry standards. The commission further found that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of professional staff's rights. The commission approved the agreement on the basis that it provided for the fair and equitable treatment of professional staff and met the requirements for approval under the Fair Work Act.

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

Reasons for decision

Legal Principle Established