DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Notre Dame Australia
(AG2016/7571)

UNIVERSITY OF NOTRE DAME AUSTRALIA STAFF ENTERPRISE AGREEMENT 2015-2017

Educational services
DEPUTY PRESIDENT DEAN	MELBOURNE, 10 FEBRUARY 2017

Application for approval of the University of Notre Dame Australia Staff Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the University of Notre Dame Australia Staff Enterprise Agreement 2015-2017 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 February 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The University of Notre Dame Australia applied to the Fair Work Commission for approval of the University of Notre Dame Australia Staff Enterprise Agreement 2015-2017. The respondents to the application included various unions, who opposed the approval on various grounds. The case before the Fair Work Commission was to determine whether the application should be approved.

The legal issues before the Commission included whether the agreement complied with the relevant legislative provisions and whether it met the requirements for being a "better-off overall test" agreement. The Commission needed to consider the agreement's provisions on pay rates, allowances, working conditions, and other matters. The Commission also had to consider whether the agreement would result in the employees being better off overall than they would be under the relevant awards.

The Fair Work Commission approved the application. The Commission found that the agreement was compliant with the relevant legislative provisions and met the requirements for being a "better-off overall test" agreement. The Commission considered that the agreement provided for reasonable pay rates and conditions and provided for appropriate consultation and dispute resolution mechanisms. The Commission also found that the agreement would result in the employees being better off overall than they would be under the relevant awards.

The Fair Work Commission approved the application and the agreement was registered. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees and provided for appropriate mechanisms for resolving disputes. The Commission also noted that the agreement provided for appropriate consultation between the parties and that the parties had negotiated the agreement in good faith.

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