University of Sydney Union

[2024] FWCA 2425

[2024] FWCA 2425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

University of Sydney Union

(AG2024/2019)

UNIVERSITY OF SYDNEY UNION ENTERPRISE AGREEMENT 2024

Educational services industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 28 JUNE 2024

Application for approval of the University of Sydney Union Enterprise Agreement 2024

Introduction

1. University of Sydney Union (the Employer) has made an application for approval of an enterprise agreement known as the University of Sydney Union Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights (NERR)

1. The NERR referred to the Agreement as ‘The University of Sydney Union Enterprise Agreement 2023-2027’ which is be different to the Agreement title. The Employer provided submissions that this matter constituted a minor technical error.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical error for the purposes of s.188(5)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Variation of the Agreement to correct or amend obvious errors

1. The Employer has identified three minor typographical errors in the Agreement and requests that the Commission vary the Agreement to correct or amend these errors pursuant to s. 218A of the Act. The errors are:

   (a) At page 3, the word ‘Industrial’ in the title should be deleted and replaced with ‘Enterprise’.
   (b) At Schedule C, the severance (redundancy) payments are in weeks and ‘weeks’ should be added to the schedule.
   (c) The term ‘Award’ is used in the Agreement but is not defined.  The following definition should be included at clause 5:
   ‘Award means the Higher Education Industry – General Staff Award 2020’.

2. The bargaining representatives have not objected to the Agreement being varied in the terms sought by the Employer. In the circumstances, I am satisfied that the proposed variations are in relation to obvious errors and accordingly I vary the Agreement in the terms sought by the Employer.

Section 190 Undertakings

1. The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

1. The Community and Public Sector Union (CPSU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the CPSU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 28 June 2028.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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