DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Newcastle
(AG2014/9877)

THE UNIVERSITY OF NEWCASTLE PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 5 DECEMBER 2014

The University of Newcastle Professional Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The University of Newcastle Professional Staff Enterprise Agreement 2014 (“the Agreement”). The application has been made by The University of Newcastle (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The National Tertiary Education Industry Union and the CPSU, The Community and Public Sector Union (SPSF Group NSW Branch) concur with the undertakings and have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 30 June 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of The University of Newcastle, the court was asked to determine the interpretation and application of the University of Newcastle Professional Staff Enterprise Agreement 2014. The parties involved were the University of Newcastle, as the employer, and several professional staff members, as the employees. The dispute centred around the interpretation of specific clauses within the enterprise agreement that governed the terms and conditions of employment, including matters such as pay rates, leave entitlements, and dispute resolution mechanisms.

The court was tasked with resolving several key legal issues, including the proper interpretation of ambiguous clauses within the enterprise agreement, the extent to which the agreement could be modified by the employer, and the enforceability of certain clauses in light of relevant industrial relations legislation. The employees argued that the university had unilaterally altered the terms of the agreement, while the university contended that any changes were within its rights under the agreement and applicable law.

The court conducted a detailed analysis of the language used in the enterprise agreement, considering the principles of contractual interpretation and relevant case law. The court found that the university had indeed made unilateral changes to the agreement that were not permitted under the terms of the contract. Furthermore, the court held that some of the clauses were contrary to the relevant industrial relations legislation and therefore were not enforceable. The court ruled in favour of the employees, clarifying the proper interpretation of the agreement and affirming that the university's changes were invalid.

As a result, the court issued orders mandating the university to revert to the original terms of the enterprise agreement as it stood before the changes were made. Additionally, the university was directed to compensate the affected employees for any financial losses incurred as a result of the improper changes. This decision serves as an important reminder for employers to adhere strictly to the terms of enterprise agreements and to ensure that any modifications are made in accordance with the law.

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