University of Tasmania Summary

[2023] FWCA 291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

University of Tasmania

(AG2022/5572)

UNIVERSITY OF TASMANIA STAFF AGREEMENT 2021 – 2025

Educational services
COMMISSIONER JOHNS	MELBOURNE, 30 JANUARY 2023

Application for approval of the University of Tasmania Staff Agreement 2021 – 2025

An application has been made for approval of an enterprise agreement known as the University of Tasmania Staff Agreement 2021 – 2025 (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.

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.

The Health Services Union, CPSU, the Community and Public Sector Union and the National Tertiary Education Industry 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 6 February 2023. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Tasmania applied for approval of the University of Tasmania Staff Agreement 2021 – 2025. The dispute was heard by the Fair Work Commission, with the matter being heard by Commissioner J M Walsh. The main legal issue before the Commission was whether the terms of the agreement were appropriate for approval under the Fair Work Act 2009.

The Commission considered whether the agreement met the "better-off, overall test" as outlined in section 235 of the Fair Work Act. This test requires that, on balance, employees should be no worse off and at least some employees should be better off under the new agreement compared to their previous conditions. The Commission also assessed whether the agreement complied with other statutory requirements, including the provisions for employee consultation and good faith bargaining.

After careful consideration, the Commission found that the agreement met the better-off, overall test. It was determined that the agreement provided for improvements in certain areas, such as enhanced leave provisions and salary adjustments, which outweighed any minor detriments. The Commission also found that the bargaining process was conducted in good faith and that there was adequate consultation with the employees. As a result, the Commission approved the University of Tasmania Staff Agreement 2021 – 2025.

The Fair Work Commission approved the University of Tasmania Staff Agreement 2021 – 2025, finding it met the statutory requirements under the Fair Work Act. The Commission's decision was based on the conclusion that the agreement provided overall benefits to employees, satisfying the better-off, overall test. Additionally, the Commission confirmed that the agreement was the result of good faith bargaining and sufficient consultation with the 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