University of Tasmania

[2018] FWCA 7838

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

University of Tasmania

(AG2018/3189)

University of Tasmania Staff Agreement 2017 - 2021

Educational services
Commissioner Gregory	MELBOURNE, 21 DECEMBER 2018

Application for approval of the University of Tasmania Staff Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the University of Tasmania Staff Agreement 2017 - 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 Tasmania. The Agreement is a single enterprise agreement.

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.

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.

The Health Services Union of Australia, the National Tertiary Education Industry Union and the CPSU, the Community and Public Sector 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the University of Tasmania for the approval of the University of Tasmania Staff Agreement 2017-2021. This agreement, which had been negotiated between the university and the union representing its staff, was subject to the Fair Work Act 2009. The court was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issue the court had to address was whether the agreement was a "direct replacement" of the previous staff agreement and thus eligible for expedited approval. Additionally, the court needed to assess if the agreement complied with the requirements set out in the Fair Work Act, including provisions regarding the disclosure of information and the rights of employees. The court also considered whether the agreement adequately protected the rights of the university's staff and ensured fair and equitable terms.

The court found that the agreement was a direct replacement of the previous staff agreement and, therefore, eligible for expedited approval. It determined that the agreement complied with the legal requirements of the Fair Work Act and protected the rights of the university's staff. The court was satisfied that the agreement was in the best interests of the university and its employees. Consequently, the court approved the University of Tasmania Staff Agreement 2017-2021, as requested.

The final orders of the court approved the agreement, allowing it to be implemented as the governing document for the employment of university staff. This decision provided clarity and certainty for both the university and its employees, ensuring that the agreement would be recognised and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established