DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Queensland
(AG2018/5835)

THE UNIVERSITY OF QUEENSLAND ENTERPRISE AGREEMENT 2018- 2021

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2019

Application for approval of The University of Queensland Enterprise Agreement 2018- 2021.

[1] An application has been made for approval of an enterprise agreement known as The University of Queensland 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 Queensland. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The National Tertiary Education Industry Union, United Voice and the Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of Queensland applied to the Fair Work Commission for approval of an Enterprise Agreement. The agreement was intended to cover certain employees within the university. The application was contested by the Australian Education Union and the National Tertiary Education Union. The central issue before the Commission was whether the proposed agreement met the necessary legal criteria for approval. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions for the employees, and if it complied with relevant labour laws.

In assessing the application, the Commission examined the provisions of the Fair Work Act, focusing on the requirements for enterprise agreements. The Commission evaluated the agreement's provisions against the statutory criteria, including fairness, reasonableness, and compliance with the Better Off Overall Test. The Commission also considered submissions from the parties and the implications of the agreement on the employees' terms and conditions of employment. After thorough examination, the Commission found that the proposed agreement met the necessary criteria for approval.

The Commission approved the Enterprise Agreement, finding it to be fair and reasonable, and compliant with the statutory requirements. The decision highlighted the importance of ensuring that enterprise agreements provide for the fair treatment of employees and meet the Better Off Overall Test. The approval of the agreement was based on the comprehensive evidence and submissions provided by the parties, which demonstrated that the agreement met the necessary legal standards.

The final orders included the approval of the Enterprise Agreement, subject to certain conditions and the ongoing compliance with labour laws. The decision underscored the importance of achieving fair and reasonable terms for employees through the enterprise bargaining process.

The University of Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established