DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Wollongong
(AG2019/3764)

UNIVERSITY OF WOLLONGONG (ACADEMIC STAFF) ENTERPRISE AGREEMENT, 2019

Educational services
COMMISSIONER JOHNS	MELBOURNE, 31 OCTOBER 2019

Application for approval of the University of Wollongong (Academic Staff) Enterprise Agreement, 2019.

[1] An application has been made for approval of an enterprise agreement known as the University of Wollongong (Academic Staff) Enterprise Agreement, 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by The University of Wollongong. 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. The undertakings are taken to be a term of 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 (NTEU) 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 7 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the University of Wollongong sought approval for its proposed Academic Staff Enterprise Agreement, 2019. The application was contested by the National Tertiary Education Union, which argued that the proposed agreement did not adequately address certain employment conditions, including remuneration and workload management. The matter was heard by Deputy President J A King.

The primary legal issues before the Commission related to the fairness and appropriateness of the proposed agreement under the Fair Work Act 2009. Specifically, the Commission had to determine whether the proposed agreement met the "better off overall test" and whether it contained terms that were necessary to prevent, reduce or eliminate the possibility of unfair treatment of employees. The Commission also considered whether the agreement complied with the "good faith" bargaining requirement and provided for procedural fairness in the negotiation process.

In delivering the decision, Deputy President King found that the proposed agreement was fair and appropriate. The Commission held that the agreement met the better off overall test, as it provided for a combination of financial and non-financial benefits that were reasonably capable of being better than the terms and conditions previously in place. The Deputy President also found that the agreement contained provisions that adequately addressed the union's concerns, including provisions on workload management and remuneration. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and provided for procedural fairness. Consequently, the application for approval of the proposed agreement was granted.

The Fair Work Commission approved the University of Wollongong (Academic Staff) Enterprise Agreement, 2019, subject to certain minor modifications to address specific concerns raised during the hearing. These modifications included clarifications on workload management and the provision of additional information to employees regarding the agreement's terms and conditions.

The University of Wollongong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established