DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Western Australia
(AG2018/4910)

THE UNIVERSITY OF WESTERN AUSTRALIA ELICOS TEACHERS AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2019

Application for approval of The University of Western Australia ELICOS Teachers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The University of Western Australia ELICOS Teachers Agreement 2018 (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 Western Australia. 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 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 Western Australia applied for approval of a new teachers’ agreement for its English as a Language for International Students Course (ELICOS) teachers. The application was brought before the Fair Work Commission (FWC) under section 235 of the Fair Work Act 2009. The application was opposed by United Voice, a union representing some of the university’s ELICOS teachers, and the Australian Education Union, which represents other ELICOS teachers at the university.

The university submitted that the proposed agreement constituted a safety net agreement as defined in the Act. The union argued that the proposed agreement did not constitute a safety net agreement because it did not contain a number of terms required by the Act and the regulations. The union also submitted that the proposed agreement did not meet the requirements for an alternative agreement under the Act. The FWC was required to decide whether the proposed agreement constituted a safety net agreement, or if it was an alternative agreement that should be approved.

The FWC determined that the proposed agreement constituted a safety net agreement because it contained all the terms required by the Act and the regulations. The FWC held that, although the proposed agreement did not contain all the terms required for an alternative agreement, the agreement still met the requirements for a safety net agreement. The FWC approved the proposed agreement, finding that it was a safety net agreement that was in the interests of the employees. The FWC found that the agreement provided for a more generous minimum rate of pay and leave entitlements than the general safety net, and provided for a pay progression scheme and other benefits.

The FWC made an order approving the proposed agreement. The order was to be in force from 1 July 2018, and was to apply to all ELICOS teachers employed by the university on or after that date. The order was to be registered by the university with the Australian Skills Quality Agency within 28 days of the order being made.

The University of Western Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established