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

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the University of the Sunshine Coast's application for approval of the Enterprise Agreement 2019-2022. The agreement was a proposed modification of the terms and conditions of employment for academic and academic-related staff. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements for approval and whether it contained provisions that were contrary to the public interest. The University argued that the agreement was fair and reasonable and that it had been negotiated in good faith. The Commission needed to consider whether the agreement was properly certified by an independent certifier, whether it complied with the relevant provisions of the Fair Work Act, and whether it contained any provisions that were contrary to the public interest.

The Commission found that the agreement was properly certified and met the procedural requirements for approval. It was noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties and that it was in accordance with the relevant provisions of the Fair Work Act.

The Commission approved the Enterprise Agreement 2019-2022, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement's provisions relating to the calculation of annual leave and the procedures for resolving disputes. The University was required to implement the modifications within a specified timeframe.

University of Sunshine Coast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established