Universities Admissions Centre (NSW & ACT) Pty Ltd Summary

[2022] FWCA 212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Universities Admissions Centre (NSW & ACT) Pty Ltd

(AG2021/8507)

Universities Admissions Centre (NSW & ACT) Proprietary Limited Enterprise Agreement 2021-2024

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 25 JANUARY 2022

Application for approval of the Universities Admissions Centre (NSW & ACT) Proprietary Limited Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Universities Admissions Centre (NSW & ACT) Proprietary Limited Enterprise Agreement 2021-2024 (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 Ltd. The Agreement is a single enterprise agreement.

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.

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.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved the Universities Admissions Centre (NSW & ACT) Pty Ltd, an applicant, seeking approval of an enterprise agreement from 2021 to 2024. The Fair Work Commission was the court responsible for the decision. The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically regarding the fairness of the terms and conditions it proposed for employees within the scope of the agreement.

The court considered the principles of the Fair Work Act, including the need for the agreement to ensure a safety net for employees, provide for minimum rates of pay and conditions, and be free from coercion, harassment, and other unfair practices. The court also evaluated whether the agreement provided for procedural fairness, the rights of employees to organise and bargain collectively, and the avoidance of discrimination. The court found that the enterprise agreement was fair and balanced, meeting all the necessary criteria. It provided for minimum rates of pay and conditions, ensured procedural fairness, and did not contain any terms that would be considered coercive or discriminatory.

Consequently, the court approved the Universities Admissions Centre (NSW & ACT) Proprietary Limited Enterprise Agreement 2021-2024. The court issued its decision, granting approval for the agreement to proceed as a legally binding enterprise agreement for the specified period. The approval was based on the findings that the agreement was fair, balanced, and met all the statutory requirements under the Fair Work Act.

Universities Admissions Centre (NSW & ACT) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established