University of Sydney Union Summary

[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

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)

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.

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

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’.
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

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

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

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.

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

Approval

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.

Printed by authority of the Commonwealth Government Printer

The University of Sydney Union sought approval of a 2024 Enterprise Agreement, a matter which came before the Fair Work Commission (FWC). The dispute centred on the terms and conditions of employment for the university's staff, primarily focusing on pay rates and conditions. The FWC was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the public interest to approve the agreement.

The legal issues before the FWC included whether the proposed agreement provided for a safety net of minimum terms and conditions, and whether it ensured procedural fairness to the employees. Additionally, the FWC had to consider whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable. The FWC also examined whether the proposed agreement was in the best interests of the employees and whether it allowed for a fair and effective method of resolving disputes.

The FWC found that the proposed agreement provided for a safety net of minimum terms and conditions and ensured procedural fairness to the employees. The FWC concluded that none of the provisions were contrary to public policy or unenforceable. The FWC also found that the proposed agreement was in the best interests of the employees and allowed for a fair and effective method of resolving disputes. Therefore, the FWC approved the University of Sydney Union Enterprise Agreement 2024.

The FWC approved the University of Sydney Union Enterprise Agreement 2024, finding it met the requirements of the Fair Work Act 2009 and was in the public interest. The FWC's decision was based on its finding that the agreement provided for a safety net of minimum terms and conditions, ensured procedural fairness, and was in the best interests of the employees. The FWC's approval of the agreement allows for the implementation of the proposed terms and conditions of employment for the university's staff.

University of Sydney Union

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