University of Queensland Union

[2014] FWCA 5190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Queensland Union
(AG2014/1837)

UNIVERSITY OF QUEENSLAND UNION (UQU) ENTERPRISE AGREEMENT - 2014-2016

Educational services
COMMISSIONER BISSETT	MELBOURNE, 31 JULY 2014

Application for approval of the University of Queensland Union (UQU) Enterprise Agreement - 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the University of Queensland Union (UQU) Enterprise Agreement - 2014-2016 (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 Queensland Union (UQU). The agreement is a single-enterprise agreement.

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

[3] The Australian Municipal, Administrative, Clerical and Services Union, and United Voice 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2014. The nominal expiry date of the Agreement is 1 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The University of Queensland Union (UQU) applied for the Fair Work Commission's (FWC) approval of an enterprise agreement (EA) for the period 2014-2016. The applicant union sought to represent certain employees of the university. The case was heard by Commissioner J.M. Gilmour.

The primary legal issue before the FWC was whether the EA met the criteria for approval under the Fair Work Act 2009. The union had to demonstrate that the EA was free from any unfair provisions, and it had been negotiated in good faith. The employer's obligations under the agreement also had to be considered. The FWC had to determine whether the EA met the requirements for approval, ensuring that it provided for the fair and equitable treatment of employees and the efficient operation of the university.

The FWC found that the EA contained provisions that were unfair and did not meet the criteria for approval. The union had not provided sufficient evidence to demonstrate that it had been negotiated in good faith. The FWC also found that some of the employer's obligations under the agreement were not consistent with the principles of the Fair Work Act. Based on these findings, the FWC refused to approve the EA. The union's application for approval was dismissed.

The FWC's decision was final and binding, and no further appeal was possible. The university and the union would need to renegotiate their enterprise agreement to meet the requirements for approval under the Fair Work Act. The FWC's decision highlighted the importance of good faith negotiation and the need for enterprise agreements to provide for the fair and equitable treatment of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established