DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of New England
(AG2020/968)

UNE ACADEMIC AND ENGLISH LANGUAGE TEACHING STAFF ENTERPRISE AGREEMENT 2020-2022

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 MAY 2020

Application for approval of the UNE Academic and English Language Teaching Staff Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the UNE Academic and English Language Teaching Staff Enterprise Agreement 2020-2022 (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 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.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 May 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 and its academic and English language teaching staff were parties to an enterprise agreement for the period 2020 to 2022. The application for approval of this agreement was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement contained unfair provisions that would warrant refusal of approval under the Fair Work Act 2009. The university and the union argued over various clauses concerning working conditions, pay, and dispute resolution mechanisms.

The Fair Work Commission considered the fairness of the provisions in light of the principles outlined in section 233 of the Fair Work Act. This involved assessing the balance of the agreement in terms of the rights, benefits, and obligations of the parties. The Commission examined each contested clause to determine if it was unfair, taking into account the nature of the workplace, the relative bargaining power of the parties, and the impact on the employees. The university argued that the agreement was fair and reflected the economic realities of the institution, while the union contended that certain provisions disadvantaged the staff.

After reviewing the evidence and arguments presented, the Commission determined that while some provisions of the agreement were contentious, they did not meet the threshold of unfairness. The Commission found that the overall balance of the agreement was fair, and there were no provisions that would unduly disadvantage the employees. Consequently, the application for approval of the enterprise agreement was approved. The Commission's decision was based on the view that the agreement provided a reasonable framework for the employment relationship, considering the specific circumstances of the university and its staff.

The Fair Work Commission approved the UNE Academic and English Language Teaching Staff Enterprise Agreement 2020-2022, effective from 1 January 2020. This decision ensures that the agreement will govern the employment conditions of the academic and English language teaching staff at the university for the specified period, subject to the terms and conditions outlined in the agreement.

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