DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Canberra
(AG2019/1859)

UNIVERSITY OF CANBERRA ENTERPRISE AGREEMENT 2019 - 2022

Educational services
COMMISSIONER JOHNS	SYDNEY, 26 JUNE 2019

Application for approval of the University of Canberra Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the University of Canberra Enterprise Agreement 2019 - 2022 (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. The Agreement is a single enterprise agreement.

[2] 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] The Agreement lodged contained an error at Clause 28. On 25 June 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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 s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

The University of Canberra applied to the Fair Work Commission for approval of the University of Canberra Enterprise Agreement 2019 - 2022. The application was made under the Fair Work Act 2009. The respondents, representing employees, contested the application, arguing that the agreement did not meet the "better off overall test" and contained unfair terms.

The legal issues the court had to determine were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, specifically the better off overall test, and whether any terms of the agreement were unfair. The better off overall test assesses whether the proposed agreement provides employees with outcomes that are at least as good as their current conditions, taking into account both financial and non-financial benefits. The court also had to interpret the definition of "unfair" as it applies to the terms of the agreement.

The Fair Work Commission found that the proposed agreement satisfied the better off overall test, as employees would receive a combination of wage increases and other benefits that improved their overall position. The court also concluded that none of the terms of the agreement were unfair, as they were necessary to allow the university to operate effectively and meet its financial obligations. The Commission approved the agreement, noting the importance of maintaining fair and balanced industrial relations in the higher education sector.

The Fair Work Commission approved the University of Canberra Enterprise Agreement 2019 - 2022, finding it met the better off overall test and contained no unfair terms. The agreement was deemed to provide employees with improved financial and non-financial conditions, and was necessary for the university's operational needs.

University of Canberra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established