University Of South Australia
[2023] FWCA 2090
•12 JULY 2023
| [2023] FWCA 2090 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
University Of South Australia
(AG2023/2121)
UNIVERSITY OF SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023
| Educational services | |
| COMMISSIONER PLATT | ADELAIDE, 12 JULY 2023 |
Application for approval of the University of South Australia Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the University of South Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by University of South Australia (the Applicant). The agreement is a single enterprise agreement.
The matter was determined on the papers.
On 5 July 2023 the Applicant submitted an undertaking in the required form. The undertaking deals with the following topics:
· The definition of a shift worker in Clause 5.1 of the Agreement will also be for the purposes of the National Employment Standards (NES).
· Despite Clause 66.5 of the Agreement, Staff with 1 and 2 years completed service, the University will be entitled to 4 and 6 weeks’ severance pay respectively
A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
The National Tertiary Education Union and the Community and Public Sector Union (SA Branch) – Public Sector Association (SPSF) 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) of the Act I note that the Agreement covers these organisations.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2025.
COMMISSIONER
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