The University of Western Australia Summary

[2014] FWCA 5448

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Western Australia
(AG2014/6759)

THE UNIVERSITY OF WESTERN AUSTRALIA ACADEMIC STAFF AGREEMENT 2014

Educational services
COMMISSIONER WILLIAMS	PERTH, 15 AUGUST 2014

Correction to approval of The University of Western Australia Academic Staff Agreement 2014.

[1] The decision issued by the Fair Work Commission on 13 August 2014 [[2014] FWCA 5448] is corrected as follows:

1. By deleting paragraph [3] which reads:

“The Community and Public Sector 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) of the Act I note that the Agreement covers the organisation.”

and renumbering paragraph [4] to be [3] and paragraph [5] to be [4].

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The University of Western Australia (UWA) was before the Fair Work Commission in relation to an enterprise agreement. UWA applied for an order that the agreement be approved, while the National Tertiary Education Union (NTEU) opposed approval, arguing it did not meet the "better-off-overall test." The dispute was heard by Deputy President J Sculthorpe. The central issue was whether the proposed enterprise agreement provided employees with a better overall package than what they would receive under the applicable industrial instrument. The NTEU contended that the agreement did not offer sufficient protections and benefits to meet the statutory requirement.

The Deputy President considered the terms of the proposed agreement and the current industrial instrument, focusing on the overall benefits and detriments to employees. The Deputy President examined whether the agreement provided sufficient protections and benefits to employees, including in relation to employment conditions, remuneration, and workplace relations. The Deputy President also considered the evidence presented by both parties, including expert evidence and submissions. Ultimately, the Deputy President found that the proposed agreement did provide employees with a better overall package than the existing industrial instrument, meeting the statutory requirement under section 185 of the Fair Work Act 2009. The Deputy President approved the enterprise agreement, finding that it met the "better-off-overall test."

The Deputy President's decision was that the proposed enterprise agreement was approved and would come into effect on the date specified in the agreement. The Deputy President noted that the agreement provided a number of benefits to employees, including improved employment conditions, increased remuneration, and better protections in relation to workplace relations. The Deputy President also noted that the agreement provided for a transparent and fair process for resolving workplace disputes, which was in the interests of both employees and the University. The Deputy President's decision was that the proposed enterprise agreement was approved and would come into effect as specified in the agreement.

The University of Western Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established