The University of Sydney

[2014] FWCA 262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Sydney
(AG2013/11661)

UNIVERSITY OF SYDNEY ENTERPRISE AGREEMENT 2013-2017

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 9 JANUARY 2014

Application for approval of the University of Sydney Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the University of Sydney Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the University of Sydney. 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 and the Community and Public Sector 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2014. The nominal expiry date of the Agreement is 31 March 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Sydney applied to the Fair Work Commission for approval of the University of Sydney Enterprise Agreement 2013-2017. The application was opposed by the Australian Education Union. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 for minimum terms and conditions of employment. The Fair Work Commission was the court in this case.

The legal issues the court had to decide included whether the agreement provided for fair and reasonable minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act. The court also had to consider the balance of interests of the parties and whether the agreement was in the best interests of the employees.

The court found that the agreement provided for fair and reasonable minimum terms and conditions and complied with the provisions of the Fair Work Act. The court also found that the agreement was in the best interests of the employees. The court noted that the agreement provided for a number of benefits for employees, including pay increases, improved working conditions, and better access to training and development opportunities. The court concluded that the benefits of the agreement outweighed any potential drawbacks.

The court approved the agreement, subject to certain conditions. The final orders included that the agreement be registered with the Fair Work Commission and that it be given effect from the date of registration. The court also ordered that certain provisions of the agreement be amended to ensure compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established