DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Canberra College Pty Limited
(AG2019/3735)

UNIVERSITY OF CANBERRA COLLEGE ENTERPRISE AGREEMENT 2019-2021

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 NOVEMBER 2019

Application for approval of the University of Canberra College Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the University of Canberra College Enterprise Agreement 2019-2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were University of Canberra College Pty Limited and its employees. The dispute centred on the approval of the University of Canberra College Enterprise Agreement 2019-2021. The matter was brought before the Fair Work Commission, an Australian federal body responsible for the resolution of workplace disputes and the promotion of fair work practices. The university sought approval of the enterprise agreement, while the employees raised concerns about certain provisions within the agreement.

The key legal issues that the Commission had to address involved whether the provisions of the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees, and whether the agreement was in accordance with the "better off overall test" (BOOT). The employees argued that some of the provisions in the agreement did not meet the BOOT and that certain terms and conditions were unfair.

In reaching its decision, the Commission carefully considered the submissions from both parties and examined the relevant statutory provisions. The Commission found that the majority of the provisions in the agreement were fair and reasonable, and met the statutory requirements. However, it determined that certain provisions did not meet the BOOT, as they would have resulted in a detriment to the employees. Consequently, the Commission made specific amendments to these provisions to ensure compliance with the BOOT. The Commission also found that the overall agreement was fair and reasonable, and approved the University of Canberra College Enterprise Agreement 2019-2021 with the amended provisions.

As a result of the Commission's decision, the University of Canberra College Enterprise Agreement 2019-2021 was approved with the aforementioned amendments. The employees' concerns regarding the unfair provisions were addressed, and the agreement now met the statutory requirements under the Fair Work Act 2009.

University of Canberra College Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established