DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Newcastle
(AG2018/6870)

UNIVERSITY OF NEWCASTLE ACADEMIC STAFF AND TEACHERS ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 MARCH 2019

Application for approval of the University of Newcastle Academic Staff and Teachers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the University of Newcastle Academic Staff and Teachers 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 Newcastle. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of Newcastle has applied to the Fair Work Commission for approval of its Academic Staff and Teachers Enterprise Agreement 2018. The application was heard by the Commission in the absence of the parties, and the decision was handed down in writing. The main issues for determination were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for a fair and reasonable terms of employment for the academic staff and teachers covered by the agreement.

The Commission found that the agreement met the requirements of the Act and provided for fair and reasonable terms of employment. The Commission noted that the agreement had been negotiated in good faith and that it provided for a comprehensive set of terms and conditions of employment that were fair and reasonable in all respects. The Commission also noted that the agreement provided for a transparent and accountable process for the resolution of disputes and grievances, and that it included provisions for the protection of the health, safety and welfare of employees.

The Commission approved the agreement, subject to minor modifications to ensure compliance with the Act. The modifications related to the calculation of overtime and the provision of notice of termination of employment. The Commission noted that the parties had agreed to the modifications and that they did not detract from the overall fairness and reasonableness of the agreement. The Commission also noted that the agreement would provide for a stable and productive industrial relations environment at the University of Newcastle, which would benefit both the employees and the institution.

The Commission's decision was final and binding, and the agreement came into effect on the date of the Commission's approval. The University of Newcastle and the relevant trade unions were required to take all necessary steps to give effect to the agreement, including by informing their members of its terms and conditions. The agreement would remain in force until it was varied or replaced by a new agreement, or until it was terminated in accordance with the provisions of the Act.

The University of Newcastle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established