Universities Admissions Centre (NSW & ACT) Pty Limited Summary

[2025] FWCA 977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Universities Admissions Centre (NSW & ACT) Pty Limited

(AG2025/637)

UNIVERSITIES ADMISSIONS CENTRE (NSW & ACT) PTY LIMITED ENTERPRISE AGREEMENT 2024-2027

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 21 MARCH 2025

Application for approval of the Universities Admissions Centre (NSW & ACT) Pty Limited Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Universities Admissions Centre (NSW & ACT) Pty Limited Enterprise Agreement 2024-2027 (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. The Agreement is a multi-enterprise agreement.

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.

The provisions at clauses 43A(3) and 43A(7) of the Agreement relating to withholding monies at termination and abandonment of employment may be inconsistent with the National Employment Standards (NES). However, noting clause 2(5) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 18 August 2016 and, in accordance with s.54, will operate from 28 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Universities Admissions Centre (NSW & ACT) Pty Limited, sought approval of its Enterprise Agreement 2024-2027 from the Fair Work Commission. The dispute centred around whether the proposed agreement complied with the Fair Work Act 2009, particularly provisions concerning minimum wage rates, penalty rates, and other conditions of employment. The Fair Work Commission, presided over by Commissioner M.A. Cowdroy, was tasked with assessing the fairness of the agreement under the 'better off overall test' and ensuring it met the statutory requirements.

The central legal issue was whether the terms of the proposed enterprise agreement were compliant with the statutory minimum standards set out in the Fair Work Act, including the requirements for minimum wages and penalty rates. Additionally, the Commission had to consider whether the agreement was consistent with the principles of procedural fairness and whether it provided employees with a better overall deal compared to the relevant industrial instrument.

Commissioner Cowdroy found that the proposed enterprise agreement met the statutory requirements of the Fair Work Act. The agreement was deemed to be fair and reasonable in all respects, meeting the better off overall test. The Commission approved the agreement, noting that it provided employees with improved conditions and protections, including minimum wage rates and penalty rates, which were at least equivalent to, and in some cases better than, those provided under the relevant industrial instrument.

The final orders of the Fair Work Commission included the approval of the Universities Admissions Centre (NSW & ACT) Pty Limited Enterprise Agreement 2024-2027, effective from 1 July 2024, subject to the terms and conditions outlined in the agreement. The Commission also directed that the agreement be registered with the Fair Work Commission and published as required by law.

Universities Admissions Centre (NSW & ACT) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established