DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Universities Admissions Centre (NSW & ACT) Pty Limited T/A Universities Admissions Centre (NSW & ACT)
(AG2017/1410)

UNIVERSITIES ADMISSIONS CENTRE (NSW & ACT) PROPRIETARY LIMITED ENTERPRISE AGREEMENT 2017-2020

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 MAY 2017

Application for approval of the Universities Admissions Centre (NSW & ACT) Proprietary Limited Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Universities Admissions Centre (NSW & ACT) Proprietary Limited Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Universities Admissions Centre (NSW & ACT) Pty Limited T/A Universities Admissions Centre (NSW & ACT). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The CPSU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 May 2017 and, in accordance with s.54, will operate from 30 May 2017. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Universities Admissions Centre (NSW & ACT) Pty Limited, trading as Universities Admissions Centre (NSW & ACT), applied to the Fair Work Commission for approval of an enterprise agreement. The application was contested by the Australian Education Union (AEU), which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The dispute was heard by the Commission and the parties presented their arguments regarding the fairness and compliance of the proposed agreement.

The primary legal issues before the Commission were whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable in terms of its content and provisions. The AEU argued that the agreement failed to adequately address several key issues, including pay equity, redundancy provisions, and the classification of employees. The applicant, on the other hand, contended that the agreement was fair and reasonable and met all the necessary statutory requirements.

In its decision, the Commission considered the arguments presented by both parties and examined the content of the proposed agreement in detail. The Commission found that while the agreement contained some provisions that were not entirely satisfactory, it was generally fair and reasonable. The Commission approved the agreement, subject to certain modifications to address the concerns raised by the AEU. These modifications included improvements to the redundancy provisions and the inclusion of additional protections for employees.

The Fair Work Commission approved the proposed enterprise agreement, subject to modifications, and directed that the agreement be registered with the Fair Work Commission. The modifications included improvements to the redundancy provisions and the inclusion of additional protections for employees. The applicant was required to provide written notice of the approved agreement to all affected employees within a specified timeframe.

Universities Admissions Centre (NSW & ACT) Pty Limited T/A Universities Admissions Centre (NSW & ACT)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established