University of New England

[2014] FWCA 7206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of New England
(AG2014/8837)

THE UNIVERSITY OF NEW ENGLAND ACADEMIC AND ELC TEACHING STAFF COLLECTIVE AGREEMENT 2014 -2017

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 13 OCTOBER 2014

Application for approval of The University of New England Academic and ELC Teaching Staff Collective Agreement 2014 -2017.

[1] An application has been made for approval of an enterprise agreement known as The University of New England Academic and ELC Teaching Staff Collective 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 the University of New England. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

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

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2014. The nominal expiry date of the Agreement is 1 October 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of New England applied to the Fair Work Commission for approval of The University of New England Academic and ELC Teaching Staff Collective Agreement 2014-2017. The application was contested by the Australian Education Union and the National Tertiary Education Union. The Fair Work Commission was required to determine whether the agreement was in the public interest, as per section 233 of the Fair Work Act 2009. The unions argued that the agreement did not adequately protect the employees' rights and interests, particularly in relation to the pay rates and conditions of employment.

The Commission considered the overall fairness of the agreement, including the balance of rights and obligations, and the extent to which it promoted harmonious, productive and cooperative workplace relations. The Commission found that the agreement provided for a fair and reasonable outcome for both parties, and that it was in the public interest to approve it. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties, and that it was in the public interest to approve it. The unions' concerns about the pay rates and conditions of employment were addressed through the agreement's provisions, which provided for a fair and reasonable outcome for both parties.

The Fair Work Commission approved the agreement, finding that it was in the public interest. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties, and that it was in the public interest to approve it. The unions' concerns about the pay rates and conditions of employment were addressed through the agreement's provisions, which provided for a fair and reasonable outcome for both parties. The Commission found that the agreement was fair and reasonable, and that it promoted harmonious, productive and cooperative workplace relations. The Commission also noted that the agreement provided for a fair and reasonable outcome for both parties, and that it was in the public interest to approve it.

The Fair Work Commission approved the agreement, finding that it was in the public interest. The Commission made orders approving the agreement, and dismissing the unions' objections. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it be given effect as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established