DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The University of Notre Dame Australia
(AG2020/4051)

THE UNIVERSITY OF NOTRE DAME AUSTRALIA STAFF ENTERPRISE AGREEMENT 2018 - 2021

Educational services
COMMISSIONER WILLIAMS	PERTH, 26 FEBRUARY 2021

Application for approval of The University of Notre Dame Australia Staff Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the The University of Notre Dame Australia Staff Enterprise Agreement 2018 - 2021 (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 Notre Dame Australia. 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 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) of the Act 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 5 March 2021. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, The University of Notre Dame Australia, applied for an approval of the Staff Enterprise Agreement 2018-2021. The agreement was negotiated with the respondent, the University of Notre Dame Australia Staff Association. The applicant sought to have the agreement approved as a low-paid enterprise agreement, enabling the employer to pay employees at a lower rate than the relevant award rate, contingent upon the employees' acceptance of the agreement.

The central legal issue before the Commission was whether the agreement could be approved under the Fair Work Act 2009 as a low-paid enterprise agreement. This required the Commission to assess whether the agreement met the criteria set out in the Act, including whether the agreement provided for a pay rate that was at least equal to the relevant award rate or better, and whether the agreement was supported by the majority of the employees in the relevant bargaining unit. The Commission also had to consider whether the agreement provided for appropriate safeguards for employees, such as provisions for dispute resolution and the protection of employees' rights.

The Commission found that the agreement met the criteria for approval as a low-paid enterprise agreement. The agreement provided for a pay rate that was at least equal to the relevant award rate and included appropriate safeguards for employees. The Commission was satisfied that the agreement was supported by the majority of the employees in the relevant bargaining unit and that it provided for appropriate dispute resolution mechanisms and the protection of employees' rights. The Commission approved the agreement as a low-paid enterprise agreement, subject to certain conditions and modifications.

The Commission's decision provides guidance on the criteria for approving low-paid enterprise agreements and the importance of ensuring that such agreements provide for appropriate safeguards for employees. The decision also highlights the importance of ensuring that employees are adequately consulted and informed about the terms of the agreement before it is approved. The University of Notre Dame Australia Staff Enterprise Agreement 2018-2021 was approved as a low-paid enterprise agreement, subject to the conditions and modifications set out in the Commission's decision.

The University of Notre Dame Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established