DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of South Australia
(AG2019/2016)

UNIVERSITY OF SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER PLATT	ADELAIDE, 10 JULY 2019

Application for approval of the University of South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the University of South Australia Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by University of South Australia. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 June 2019.

[3] On 1 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] I was satisfied that despite the low voter turnout (which also occurred in respect of the 2011 and 2014 Agreements) the Agreement was genuinely agreed.

[5] The Applicant has submitted an undertaking in the required form dated 4 July 2019. The undertaking deals with the following topics:

• Shift workers (as defined in the Higher Education Industry – General Staff Award (the Award) will be entitled to 5 weeks annual leave.

• Clause 38.3(b) of the Agreement will not be enforced or relied upon.

• Despite Clauses 38.3(a) and 38.3(d) of the Agreement, employees will receive at least the rate of pay that they would have received had the Award applied, including any relevant Award overtime rate.

[6] The “National Tertiary Education Industry Union (NTEU)” and the “Community and Public Sector Union, the Community and Public Sector Union (SU)” 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The University of South Australia applied to the Fair Work Commission for approval of the Enterprise Agreement 2019. The agreement was intended to regulate the employment conditions of academic staff. The application was opposed by the Academic Staff Association, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009.

The central issue before the Fair Work Commission was whether the Enterprise Agreement complied with the statutory obligations outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided adequate terms and conditions for the academic staff, including pay, work hours, and other employment-related matters, and if it adhered to the procedural requirements for such agreements.

The Fair Work Commission carefully examined the provisions of the Enterprise Agreement and considered the arguments presented by both the university and the association. The Commission found that the agreement was fair and reasonable, providing adequate terms and conditions for the academic staff. Furthermore, it was concluded that the agreement was negotiated in good faith and that the process followed complied with the statutory requirements. As such, the application for approval was granted.

The Fair Work Commission approved the University of South Australia Enterprise Agreement 2019, confirming its compliance with the statutory obligations and procedural requirements. The agreement now serves as the basis for the employment conditions of the university's academic staff.

University of South Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established