University of Canberra & National Tertiary Education Industry Union

[2016] FWCA 909

DECISION

Fair Work Act 2009

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

University of Canberra

(AG2015/7176)

UNIVERSITY OF CANBERRA ENTERPRISE AGREEMENT 2015 - 2018

Australian Capital Territory

COMMISSIONER GREGORY

MELBOURNE, 11 FEBRUARY 2016

Application for approval of the University of Canberra Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

University of Canberra Enterprise Agreement 2015 - 2018 (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] The Applicant 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.

[3] 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.

[4] The National Tertiary Education Industry Union and “Automotive, Food, Metals,

Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing

Workers’ Union (AMWU) 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 these organisations.
[2016] FWCA 909

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 February 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 909

Annexure A

CaseChat Overview and Summary

The University of Canberra sought approval for a single-enterprise agreement known as the University of Canberra Enterprise Agreement 2015-2018. This application was pursuant to section 185 of the Fair Work Act 2009. The application was contested by the National Tertiary Education Industry Union and the Australian Manufacturing Workers’ Union, who are the bargaining representatives for the agreement. The union representatives contested the agreement but ultimately provided notice under section 183 of the Act indicating their desire for the agreement to cover them, as required by section 201(2) of the Act.

The primary legal issues before the court were whether the agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act, and whether the university's undertakings would result in financial detriment to employees or substantial changes to the agreement. The university had provided written undertakings, which the commissioner was satisfied would not cause financial detriment to any employee or result in substantial changes to the agreement. The commissioner was also satisfied that the requirements of the relevant sections of the Act had been met.

The commissioner approved the agreement, finding that it met all the necessary legal requirements and that the university's undertakings would not cause financial detriment or substantial changes to the agreement. The agreement was approved and will operate from 18 February 2016, with a nominal expiry date of 31 March 2018. The commissioner noted that the agreement covers the National Tertiary Education Industry Union and the Australian Manufacturing Workers’ Union as bargaining representatives for the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established