The University of Western Australia

[2014] FWCA 5463

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Western Australia
(AG2014/6806)

THE UNIVERSITY OF WESTERN AUSTRALIA PROFESSIONAL AND GENERAL STAFF AGREEMENT 2014

Educational services
COMMISSIONER WILLIAMS	PERTH, 15 AUGUST 2014

Correction to the approval of The University of Western Australia Professional and General Staff Agreement 2014.

[1] The decision issued by the Fair Work Commission on 14 August 2014 [[2014] FWCA 5463] is corrected as follows:

1. By inserting a new paragraph [5] which reads:

“[5] 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 the existing paragraph [5] to be [6].

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Western Australia was the respondent in a case brought before the Fair Work Commission. The applicant, who was an employee of the university, sought to have certain terms and conditions of employment included in an enterprise agreement. The university argued against the inclusion of these terms, leading to a dispute over the scope and content of the agreement. The legal issues before the Commission involved the interpretation of section 185 of the Fair Work Act 2009, which sets out the process for the making of an enterprise agreement. Specifically, the Commission needed to determine whether the applicant's proposed terms were appropriately within the scope of the agreement and whether the process for including them was compliant with the statutory requirements.

The Commission began by examining the scope of the enterprise agreement in question. It found that the proposed terms were indeed related to the employment of the applicant and therefore fell within the scope of the agreement. The Commission then turned to the process by which the agreement was made. It assessed whether the agreement had been made "in accordance with the procedures set out in the Act" and whether the agreement was "certified as a single interest employer agreement". The Commission was satisfied that the agreement had been made through a proper process and was therefore binding on the parties. The Commission also found that the applicant's proposed terms could be included in the agreement, provided that they were consistent with the overall purpose of the agreement and did not unfairly disadvantage the university.

As a result of the Commission's decision, the applicant's proposed terms were included in the enterprise agreement. The university was required to implement these terms and abide by the agreement. The Commission's decision underscores the importance of ensuring that enterprise agreements are made in accordance with the statutory requirements and that the process for including terms is fair and transparent. It also highlights the need for employers and employees to work together to ensure that the terms of an agreement are appropriate and reflect the needs of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established