DECISION

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

University of Southern Queensland
(AG2014/8101)

UNIVERSITY OF SOUTHERN QUEENSLAND ENTERPRISE AGREEMENT 2014-2017

Educational services
COMMISSIONER BOOTH	BRISBANE, 14 JANUARY 2015

Application for approval of the University of Southern Queensland Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a single enterprise agreement known as the University of Southern Queensland Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by University of Southern Queensland.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

● Australian Municipal, Administrative, Clerical and Services Union;

● National Tertiary Education Industry Union;

● United Voice; and

● Together Queensland, Industrial Union of Employees.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Southern Queensland applied for approval of an Enterprise Agreement (EA) for the period 2014-2017. The application was brought before the Fair Work Commission (FWC) to determine whether the EA met the necessary criteria for approval under the Fair Work Act 2009. The dispute involved the university and its academic staff, represented by the National Tertiary Education Union (NTEU), with the NTEU opposing the approval of the EA on various grounds.

The legal issues central to the decision were whether the EA complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court had to consider if the necessary consultation and negotiation processes were followed and if the agreement was made in good faith. Substantively, the court assessed whether the EA contained terms that were fair and reasonable, taking into account the economic and non-economic interests of the parties. The NTEU argued that the EA failed to adequately address matters such as pay equity, workload management, and job security, and that it contained provisions that were detrimental to the employees.

The FWC found that the EA did not fully comply with the procedural and substantive criteria. The commission held that while there was evidence of good faith negotiations, the process did not fully meet the statutory requirements, particularly regarding the involvement of employee representatives in the negotiation process. Additionally, the FWC determined that several provisions of the EA were unfair, particularly those relating to pay equity and job security. Consequently, the FWC did not grant approval to the EA. The university and the NTEU were directed to return to the negotiating table to address the identified issues and to develop a revised agreement that met the legal standards for approval.

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