DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of New South Wales T/A UNSW Sydney
(AG2018/5820)

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

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the University of New South Wales (Professional 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the CPSU, the Community and Public Sector Union, the National Tertiary Education Industry Union and United Voice, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of New South Wales applied for approval of the University of New South Wales (Professional Staff) Enterprise Agreement 2018. The application was heard by the Fair Work Commission, presided over by Commissioner J. F. Lowe. The primary dispute centred on whether the proposed enterprise agreement adequately met the legal requirements for approval under the Fair Work Act 2009, specifically concerning the provisions for minimum entitlements and procedural fairness for professional staff.

The court was tasked with determining whether the agreement provided for minimum terms and conditions that aligned with the statutory minimum standards set out in the Fair Work Act. Additionally, the court needed to assess if the agreement was made in good faith and if the process for its negotiation and execution was fair. This involved a detailed examination of the agreement's provisions regarding remuneration, working hours, leave entitlements, and procedural mechanisms for resolving disputes.

Commissioner Lowe concluded that the agreement contained provisions that met the minimum standards stipulated by the Act. The court found that the agreement provided for appropriate minimum entitlements for professional staff and that the negotiation process was conducted in good faith. The provisions for dispute resolution mechanisms were also deemed to be fair and compliant with the requirements of the Act. As a result, the court approved the enterprise agreement, noting that it met the necessary legal criteria for approval.

The final orders included the approval of the University of New South Wales (Professional Staff) Enterprise Agreement 2018, with the effective date set in accordance with the terms of the agreement. The approval was contingent on the agreement being registered with the Fair Work Commission.

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