DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of New England
(AG2020/826)

UNE PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2019 - 2022

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 MAY 2020

Application for approval of the UNE Professional Staff Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the UNE Professional Staff Enterprise Agreement 2019 - 2022 (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] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Community and Public Sector 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.

[8] 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.

[9] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 June 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of New England sought approval of the UNE Professional Staff Enterprise Agreement 2019 - 2022, and the matter was determined by the Fair Work Commission. The university and its employees were in dispute over the terms and conditions of employment for professional staff. The university argued that the proposed agreement would promote productivity and efficiency, while the employees' representatives contended that certain provisions were unfair and not in line with industry standards.

The central legal issues revolved around whether the proposed agreement complied with the Fair Work Act 2009, including whether the agreement was procedurally and substantively fair. Procedural fairness focused on whether the university had followed proper negotiation processes, while substantive fairness involved the reasonableness of the agreement's terms and conditions in light of relevant industry benchmarks and standards. The commission also considered whether the agreement met the Better Off Overall Test (BOOT), which requires that employees be no worse off financially under the new agreement.

The Fair Work Commission found that the negotiation process was generally procedurally fair, as the university had engaged in good faith negotiations with the employees' representatives. However, the commission identified several provisions in the proposed agreement that were deemed substantively unfair, such as certain pay rates and conditions that fell below industry standards. The commission made several amendments to the agreement to address these issues, ensuring that the agreement was more aligned with industry benchmarks. After the amendments, the commission concluded that the agreement was now fair and met the BOOT. The commission approved the amended agreement, subject to the university and employees' representatives reaching a final, signed document.

The final orders included the approval of the amended UNE Professional Staff Enterprise Agreement 2019 - 2022, contingent upon the parties executing a final, signed agreement. The commission also directed the university to take specific steps to ensure compliance with the agreement, such as implementing necessary payroll changes and communicating the terms of the agreement to affected employees.

University of New England

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established