University of Sunshine Coast

[2020] FWCA 911

[2020] FWCA 911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Sunshine Coast
(AG2019/4144)

UNIVERSITY OF THE SUNSHINE COAST ENTERPRISE AGREEMENT 2019 - 2022

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 FEBRUARY 2020

Application for approval of the University of the Sunshine Coast Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the University of the Sunshine Coast Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the University of Sunshine Coast (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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. The undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that clause 6.4(a) of the Agreement, which confines the entitlement to carer’s leave to circumstances where an employee provides care or support to a member of their immediate family or household that is ill, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The National Tertiary Education Industry Union and Australian Municipal, Administrative, Clerical and Services Union 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), I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507154  PR716886>

Annexure A