The University of Queensland Summary

[2014] FWCA 7587 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

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

The University of Queensland
(AG2014/7196)

THE UNIVERSITY OF QUEENSLAND ENTERPRISE AGREEMENT 2014-2017

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 OCTOBER 2014

Application for approval of The University Of Queensland Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a single enterprise agreement known as The University Of Queensland Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The University of Queensland.

[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] On 22 October 2014 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

● National Tertiary Education Industry Union
● United Voice;
● Australian Municipal, Administrative, Clerical and Services Union; and
● Together Queensland, Industrial Union of Employees.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Queensland (UQ) applied to the Fair Work Commission (FWC) for approval of the UQ Enterprise Agreement 2014-2017. The application was made by UQ under section 230 of the Fair Work Act 2009, as the FWC had previously found the agreement to be a certified agreement. The application was opposed by the Queensland University Teachers' Union (QUTU). The QUTU contended that the application should be dismissed as the agreement did not meet the requirements of section 230 of the Fair Work Act.

The key legal issue before the FWC was whether the enterprise agreement met the criteria for approval under section 230 of the Fair Work Act. Specifically, the FWC needed to determine if the agreement was a genuine enterprise agreement and if it had been properly certified. The QUTU argued that the agreement did not meet the requirements for approval, primarily on the grounds that it did not provide adequate protections for casual academic staff. The FWC examined the provisions of the agreement, the process through which it was negotiated, and the certification process to determine if it met the statutory criteria.

After considering the arguments and evidence presented by both parties, the FWC concluded that the agreement met the criteria for approval under section 230 of the Fair Work Act. The FWC found that the agreement was a genuine enterprise agreement and had been properly certified. The FWC emphasised that the agreement contained provisions that were fair and reasonable, and that the process through which it was negotiated and certified was appropriate. The FWC rejected the QUTU's contention that the agreement did not provide adequate protections for casual academic staff, finding that the provisions of the agreement were sufficient to meet the requirements of the Fair Work Act.

The FWC approved the application for the UQ Enterprise Agreement 2014-2017 to be made a registered agreement. The FWC found that the agreement met the criteria for approval under section 230 of the Fair Work Act and that it was a genuine enterprise agreement. The FWC also noted that the agreement contained provisions that were fair and reasonable and that the process through which it was negotiated and certified was appropriate. The QUTU's opposition to the application was dismissed.

The University of Queensland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established