The University of Western Australia Guild of Undergraduates
[2022] FWCA 4380
•14 DECEMBER 2022
| [2022] FWCA 4380 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The University of Western Australia Guild of Undergraduates
(AG2022/4948)
University of Western Australia Guild of Undergraduates Enterprise Bargaining Agreement 2023-2026
| Educational services | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 14 DECEMBER 2022 |
Application for approval of the University of Western Australia Guild of Undergraduates Enterprise Bargaining Agreement 2023-2026
The University of Western Australia Guild of Undergraduates (the Applicant) has made an application for the approval of an enterprise agreement known as the University of Western Australia Guild of Undergraduates Enterprise Bargaining Agreement 2023-2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant 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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The National Tertiary Education Union (NTEU) filed a Form F18 – Declaration of an employee organisation in relation to an application for approval of an enterprise agreement in which it gave notice pursuant to s 183 of the Act that it wanted the Agreement to cover it. However, in addition, it submitted that it was not a bargaining representative for the Agreement. The NTEU was directed to provide submissions in respect of s 183 given that it had identified it was not a bargaining representative, and further, the NTEU was alerted to s 176. Based on the materials before me, the coverage of the Agreement does not extend to the NTEU.
The Agreement was approved on 14 December 2022 and, in accordance with s 54, will operate from 21 December 2022. The nominal expiry date of the Agreement is 12 December 2026.
DEPUTY PRESIDENT
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Annexure A
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