DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Queensland Union
(AG2017/555)

THE UNIVERSITY OF QUEENSLAND UNION (UQU) ENTERPRISE AGREEMENT 2016 – 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 11 APRIL 2017

Application for approval of the University of Queensland Union (UQU) Enterprise Agreement 2016 - 2019.

[1] On 24 February 2017 The University of Queensland Union (Applicant) made an application for approval of the University of Queensland Union (UQU) Enterprise Agreement 2016 - 2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Municipal, Administrative, Clerical and Services Union and United Voice have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services Union and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[8] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 April 2017. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of Queensland Union (UQU) applied for approval of the Enterprise Agreement 2016 - 2019 with the University of Queensland. The application was heard by the Fair Work Commission (FWC). The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and provided for minimum workplace entitlements.

The legal issues included whether the agreement adequately covered all mandatory terms and conditions, including minimum wages, leave entitlements, and dispute resolution processes. The court had to assess if the agreement was made in good faith and if it provided for fair and reasonable terms for the employees. The FWC also considered the views of the parties and the implications of the agreement for the employees and the university.

The FWC found that the agreement was made in good faith and included all mandatory terms and conditions as required by the Fair Work Act 2009. The agreement was considered to provide for fair and reasonable terms, taking into account the needs of both the employees and the university. The FWC approved the Enterprise Agreement 2016 - 2019, noting that it provided for the minimum workplace entitlements and included appropriate dispute resolution processes.

The FWC ordered the approval of the Enterprise Agreement 2016 - 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of the University of Queensland represented by the UQU. The decision provided certainty for both the union and the university, ensuring that the agreement met all legal requirements and provided for fair terms for the employees.

The University of Queensland Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established