DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University Of Sydney
(AG2017/6744)

UNIVERSITY OF SYDNEY ENTERPRISE AGREEMENT 2018 - 2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 20 APRIL 2018

Application for approval of the University of Sydney Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the University of Sydney Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by University Of Sydney. The Agreement is a single enterprise agreement.

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

[3] The Community and Public Sector Union (CPSU) and the National Tertiary Education Union (NTEU) 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Sydney applied to the Fair Work Commission (FWC) for approval of its Enterprise Agreement 2018-2021. The application was opposed by the Academic Staff Association (ASA), which argued that the agreement did not adequately address several issues, including pay rates, working conditions, and workload management. The FWC was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the enterprise agreement complied with the Act and provided for minimum terms and conditions for the employees covered by the agreement. The ASA contended that the agreement did not meet the legal requirements as it failed to provide for adequate pay rates, did not adequately address workload management, and did not sufficiently protect the working conditions of academic staff. The University of Sydney, on the other hand, argued that the agreement was fair and reasonable and provided for minimum terms and conditions that met the legal requirements.

After considering the arguments of both parties, the FWC found that the enterprise agreement did not meet the legal requirements for approval. The FWC found that the agreement did not provide for adequate pay rates and did not sufficiently address workload management and working conditions. The FWC also found that the agreement did not provide for adequate mechanisms for resolving disputes between the university and its academic staff. The FWC refused to approve the enterprise agreement and ordered the parties to further negotiate the agreement to address the issues identified by the FWC.

The FWC's decision highlights the importance of ensuring that enterprise agreements meet the legal requirements for approval and provide for minimum terms and conditions that are fair and reasonable. The decision also underscores the need for employers and employee representatives to adequately address issues such as pay rates, workload management, and working conditions in enterprise agreements. The refusal to approve the agreement underscores the FWC's role in ensuring that enterprise agreements meet the legal requirements for approval and provide for minimum terms and conditions that are fair and reasonable.

University Of Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established