DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Southern Queensland
(AG2018/5656)

UNIVERSITY OF SOUTHERN QUEENSLAND ENTERPRISE AGREEMENT 2018-2021

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 MARCH 2019

Application for approval of the University of Southern Queensland Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the University of Southern Queensland Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by University of Southern Queensland. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Australian Municipal, Administrative, Clerical and Services Union, United Voice and National Tertiary Education Industry Union being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of Southern Queensland (USQ) applied for the approval of the Enterprise Agreement 2018-2021, which it had negotiated with the Australian Education Union. The application was heard in the Fair Work Commission, which must approve any enterprise agreement before it can take effect. The nature of the dispute centred on the terms of the proposed agreement, particularly those relating to the employment conditions of academic staff.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This involved determining whether the agreement contained the mandatory terms prescribed by the Act, and whether it met the "better off overall test" (BOOT), which requires that the agreement must not be worse for the employees than the applicable award or the existing agreement. Additionally, the Commission considered whether the agreement contained any "unnecessary terms" that could potentially undermine the intended effect of the agreement.

In its reasoning, the Commission examined each clause of the proposed agreement in light of the statutory requirements. It found that the agreement met the mandatory term requirements and passed the BOOT. The Commission also held that there were no unnecessary terms within the agreement. Consequently, the Commission approved the proposed agreement, finding it to be fair and reasonable. The University of Southern Queensland Enterprise Agreement 2018-2021 was thereby approved and registered.

The final orders of the Commission were that the agreement be approved and registered as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This decision provides clarity for both the University and the union, ensuring that the terms of the agreement are legally sound and compliant with the statutory requirements.

University of Southern Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established