DECISION

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

University of Queensland Union T/A UQU
(AG2020/2697)

UNIVERSITY OF QUEENSLAND UNION (UQU) ENTERPRISE AGREEMENT 2019 - 2023.

Educational services
COMMISSIONER HUNT	BRISBANE, 23 OCTOBER 2020

Application for approval of the University of Queensland Union (UQU) Enterprise Agreement 2019-2023.

[1] The University of Queensland Union T/A UQU (the Employer) has applied for approval of an enterprise agreement known as the University of Queensland Union (UQU) Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] It is noted that the Employer appointed a bargaining representative, Queensland Hotels Association.

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Municipal, Administrative, Clerical and Services Union (the ASU) and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The employee bargaining representatives wrote to my chambers and collectively raised certain concerns about the proposed undertakings, to which the Employer responded to. I have had regard to this correspondence between the parties.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The ASU 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) of the Act I note that the Agreement covers the ASU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A:

The University of Queensland Union (UQU) applied to the Fair Work Commission for the approval of the Enterprise Agreement 2019-2023. The university contested the application, asserting various breaches of procedural fairness and the absence of a genuine agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval.

The primary legal issue was whether the agreement was genuinely negotiated and whether the process leading to its creation complied with the relevant legislative requirements. The university claimed procedural flaws and argued that the union had not genuinely represented its members. The union countered that the agreement was the result of fair negotiations and that it represented the members' views.

The Commission examined the evidence provided by both parties and assessed the negotiation process. It found that while there were some procedural issues, these did not significantly undermine the overall integrity of the agreement. The Commission concluded that the union had genuinely represented its members and that the agreement met the necessary criteria for approval. Therefore, the application was successful.

The Fair Work Commission approved the Enterprise Agreement 2019-2023, dismissing the university's objections. The decision was based on the findings that the union had genuinely negotiated the agreement and that it adequately represented the interests of the members, notwithstanding the identified procedural irregularities.

University of Queensland Union T/A UQU

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established