DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Canberra College
(AG2015/2346)

UNIVERSITY OF CANBERRA COLLEGE ENTERPRISE AGREEMENT 2014 - 2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 APRIL 2015

Application for approval of the University of Canberra College Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the University of Canberra College Enterprise Agreement 2014 - 2017 (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 College. 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 National Tertiary Education Industry 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

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CaseChat Overview and Summary

The case involves an application for approval of the University of Canberra College Enterprise Agreement 2014 - 2017. The applicant, the University of Canberra College, sought approval from the Fair Work Commission (FWC) of the agreement which had been negotiated between the university and its employees represented by the National Tertiary Education Union (NTEU). The dispute centred on various terms and conditions of employment, including wages, work hours, and leave entitlements.

The primary legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth) and whether it was in the best interests of the employees. This involved examining if the agreement provided fair and reasonable terms and conditions, and if it complied with the provisions of the Act. The FWC had to ensure the agreement did not undermine the fundamental rights of employees and that it promoted productivity and industrial harmony.

In its decision, the FWC assessed the various provisions of the agreement, considering the economic and social context, and the bargaining positions of the parties. The FWC found that the agreement was fair and reasonable, meeting the requirements of the Act. It considered the overall balance of terms and conditions, the nature of the workplace, and the bargaining power of the parties. The FWC approved the agreement, noting that it provided appropriate protections and benefits for employees while maintaining the operational efficiency of the university.

The final orders included the approval of the University of Canberra College Enterprise Agreement 2014 - 2017, effective from 1 July 2014. The agreement was to be applied to all employees covered by the agreement, and the terms and conditions specified within it were to be enforceable under the Fair Work Act.

University of Canberra College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established