The University of New South Wales T/A UNSW Sydney

The University of New South Wales, trading as UNSW Sydney, sought approval of the University of New South Wales (Academic Staff) Enterprise Agreement 2018 from the Fair Work Commission. The applicant, the University, aimed to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would then be applicable to its academic staff members. The primary dispute centred on the validity and fairness of the agreement's provisions and whether it complied with the statutory requirements set out in the Act.

The Fair Work Commission needed to determine whether the agreement met the legal standards for approval, including whether it was made in good faith, whether it was free from any improper conduct, and if it complied with the relevant provisions of the Act. Additionally, the Commission examined whether the agreement provided for appropriate mechanisms for resolving disputes and whether it contained adequate protections for the rights and interests of the academic staff.

After considering the submissions from both the University and the unions representing the academic staff, the Commission found that the agreement was made in good faith and without any improper conduct. The Commission was satisfied that the agreement complied with the statutory requirements and provided appropriate mechanisms for resolving disputes. Furthermore, the Commission determined that the agreement was fair and reasonable, taking into account the interests of both parties. Consequently, the Commission approved the University of New South Wales (Academic Staff) Enterprise Agreement 2018 as a registered agreement under the Fair Work Act 2009.

As a result of the Commission's decision, the University of New South Wales (Academic Staff) Enterprise Agreement 2018 is now recognised as a registered agreement, and its provisions are binding on the University and its academic staff members. This decision ensures that the agreement will govern the employment conditions of the academic staff for the duration of its registration, providing certainty and stability for both the University and its employees.