The University of Wollongong T/A University of Wollongong

[2019] FWCA 6670

[2019] FWCA 6670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Wollongong T/A University of Wollongong
(AG2019/2149)

UNIVERSITY OF WOLLONGONG (PROFESSIONAL SERVICES EMPLOYEES) ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT BULL	SYDNEY, 26 SEPTEMBER 2019

Application for approval of the University of Wollongong (Professional Services Employees) Enterprise Agreement, 2019.

[1] An application (Form F16) has been filed by The University of Wollongong T/A University of Wollongong (the applicant) for the approval of an enterprise agreement known as the University of Wollongong (Professional Services Employees) Enterprise Agreement, 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided a number of undertakings regarding the following:

•  Definition of representatives;

•  Minimum engagement of casual employees;

•  Dispute resolution procedures;

•  Span of ordinary hours;

•  Weekend penalties;

•  Flexible working hours;

•  Notice of termination; and

•  Leave entitlements and the application of the National Employment Standars (NES).

[3] The undertakings are attached at the end of the Agreement. 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 change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model consultation term is attached at the end of the Agreement. As per the decision in Auld and ors v Teekay Shipping (Australia) Pty Ltd [2019] FWCFB 6047, the model consultation term operates in conjunction with the existing consultation term of the Agreement.

[6] The Community and Public Sector Union (CPSU) and the National Tertiary Education Industry Union (NTEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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