University of Southern Queensland

[2014] FWC 8717

[2014] FWC 8717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees

University of Southern Queensland
(AG2014/9976)

COMMISSIONER BOOTH BRISBANE, 19 DECEMBER 2014

Transfer of employees to the University of Southern Queensland Enterprise Agreement 2010-2013.

[1] An application pursuant to s.318(1) of the Fair Work Act 2009 (the Act) for orders relating to instruments covering a new employer and transferring employees was filed by the University of Southern Queensland (the Applicant) on 21 November 2014.

[2] The Applicant seeks the following orders under s318(1) of the Fair Work Act 2009 (the Act):

● that The University of Queensland Enterprise Agreement 2014-2017 (UQ Agreement) or successor agreement will not cover the University of Southern Queensland (USQ) or any transferring employees of the University of Queensland who become employees of USQ (Transferring Employees); and

● that the University of Southern Queensland Enterprise Agreement 2010-2013 or any successor enterprise agreement will cover the transferring employees from the re-employment date.

[3] Under s 318 of the Act, the applicant also seeks an order that orders in relation to this decision, will take effect from the later of, either the day on which this order is made, or the transferring employees’ re-employment time.

[4] The material provided by the Applicant discloses that in July 2014, USQ and UQ reached agreement for USQ to purchase UQ’s Ipswich campus, and that USQ will own and operate the Ipswich campus from early January 2015.

[5] I have considered the matters set out in s.318(3)(a) to (g) of the Act and I am satisfied on the basis of supporting documentation provided with the application and the additional material provided that the orders should be issued. Consequently the Application is granted and Orders in the terms sought will be issued accordingly.

COMMISSIONER

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