University Of Canberra Summary

[2023] FWCA 1294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

University Of Canberra

(AG2023/1118)

UNIVERSITY OF CANBERRA ENTERPRISE AGREEMENT 2023 - 2026

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 8 MAY 2023

Application for approval of the University of Canberra Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the University of Canberra Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by University Of Canberra (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Tertiary Education Industry Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2023. The nominal expiry date of the Agreement is 31 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of Canberra applied to the Fair Work Commission for approval of an enterprise agreement with its employees for the period 2023-2026. The application was made by the University, and the respondents included the National Tertiary Education Union and the University and Research Employees’ Association. The central issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the "better off overall test".

The Commission found that the proposed agreement satisfied the requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and other employment-related matters. The Commission also concluded that the agreement met the "better off overall test", as it provided employees with a fair and reasonable package of benefits that was at least equivalent to their previous entitlements. The Commission considered the arguments presented by the parties and the evidence provided, and ultimately found that the agreement was in the best interests of the employees.

As a result of the Commission's determination, the University of Canberra Enterprise Agreement 2023-2026 was approved and registered. The agreement will now govern the employment terms and conditions of the University's employees for the specified period. The decision provides certainty and stability for both the University and its employees, and ensures that their rights and obligations are clearly defined.

University Of Canberra

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established