University of New England

[2014] FWCA 6648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

University of New England
(AG2014/8580)

THE UNIVERSITY OF NEW ENGLAND PROFESSIONAL STAFF COLLECTIVE AGREEMENT 2014 -2017

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 22 SEPTEMBER 2014

Application for approval of The University of New England Professional Staff Collective Agreement 2014 -2017.

[1] An application has been made for approval of an enterprise agreement known as The University of New England Professional 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 Community and Public Sector Union and the National Tertiary Education Industry Union, 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 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 sought approval of a new collective agreement for its professional staff. The application was brought before the Fair Work Commission. The key issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for appropriate mechanisms for resolving enterprise disputes and if it complied with the Better Off Overall Test.

The Commission found that the proposed agreement included adequate mechanisms for resolving disputes, including provisions for conciliation and arbitration. It also concluded that the agreement was better off overall for the employees, as it provided for increased wages, improved working conditions, and better access to professional development opportunities. The Commission noted that while some provisions of the agreement may have been contentious, they were ultimately in the best interests of the employees. The Commission approved the application, and the new agreement came into effect.

The Commission's decision was based on its assessment of the overall benefits of the proposed agreement for the employees, as well as its compliance with the relevant legal requirements. The Commission found that the agreement met the necessary criteria for approval and was in the best interests of the employees. The University of New England and its professional staff can now proceed with the new collective agreement, which provides for improved terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established