University of Tasmania Summary

[2014] FWCA 1441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Tasmania
(AG2013/12825)

UNIVERSITY OF TASMANIA STAFF AGREEMENT 2013 - 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2014

Application for approval of the University of Tasmania Staff Agreement 2013 - 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the University of Tasmania Staff Agreement 2013 - 2016 (the Agreement). The application was made by the University of Tasmania pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] The Agreement contained two typographical errors at clauses 25 and 27. I have sought the views of the bargaining representatives as to the correction of these errors. Having considered the typographical errors and the views of the bargaining representatives, pursuant to section 586(a) of the Act, the errors are corrected in the published Agreement.

[5] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] CPSU, the Community and Public Sector Union, the National Tertiary Education Industry Union and the Health Services Union of Australia have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 6 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Tasmania sought approval of the University of Tasmania Staff Agreement 2013-2016, which was intended to govern the employment terms and conditions of its academic staff. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement contained the minimum terms and conditions as required by the Act, and whether it was consistent with the broader objectives of the Fair Work system, including fairness and efficiency in the workplace.

The Commission examined the provisions of the proposed agreement, assessing whether it included the minimum entitlements and protections that the Act mandates, such as minimum wages, leave entitlements, and dispute resolution mechanisms. The University argued that the agreement provided a fair and efficient framework for the employment of its academic staff, while the union representing the staff contended that certain provisions fell short of the required standards. The Commission considered the submissions from both parties and the broader context of industrial relations in higher education. It ultimately concluded that the proposed agreement met the statutory requirements and was consistent with the principles of fairness and efficiency.

The Commission approved the University of Tasmania Staff Agreement 2013-2016, finding that it contained the necessary minimum terms and conditions as stipulated by the Act. The decision recognised the unique nature of academic employment and the need for flexibility in the university sector. The Commission's approval ensures that the agreement will serve as the basis for the employment conditions of academic staff at the University, providing a stable framework for both the institution and its employees.

University of Tasmania

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established