DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of New South Wales T/A UNSW Sydney
(AG2018/5790)

UNIVERSITY OF NEW SOUTH WALES (ACADEMIC STAFF) ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 APRIL 2019

Application for approval of the University of New South Wales (Academic Staff) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the University of New South Wales (Academic Staff) Enterprise Agreement 2018 (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 Sydney. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the University of New South Wales, trading as UNSW Sydney, was the applicant seeking approval of the University of New South Wales (Academic Staff) Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, an Australian independent statutory body responsible for resolving disputes and setting terms and conditions of employment. The primary issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining the agreement’s compliance with the procedural and substantive requirements set out in the legislation, including the protection of genuine bargaining, the avoidance of coercion and undue influence, and the fairness of the terms and conditions.

The Commission evaluated the processes undertaken during the bargaining period to ensure that genuine bargaining had occurred. This included scrutinising the timeliness and adequacy of the notification and consultation processes, and the fairness of the bargaining environment. Furthermore, the Commission assessed the substantive terms of the agreement to determine if they complied with the "better off overall test," ensuring that the employees were not disadvantaged by the agreement. The Court also considered the balance of the agreement, including its provisions on wages, conditions of employment, and dispute resolution mechanisms.

The Commission concluded that the bargaining process was procedurally sound and that genuine bargaining had taken place. The terms and conditions of the agreement were deemed fair and compliant with the statutory requirements. The Commission approved the agreement, noting that it met the necessary criteria under the Fair Work Act 2009. The decision was based on the comprehensive evidence presented and the Court's satisfaction that the agreement provided a fair and balanced outcome for all parties involved.

The final orders included the approval of the University of New South Wales (Academic Staff) Enterprise Agreement 2018, with specific dates set for its commencement and the cessation of any previously applicable agreements. The Court directed that the agreement be registered and made available to all relevant parties, ensuring transparency and compliance with the statutory obligations under the Fair Work Act 2009.

The University of New South Wales T/A UNSW Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established