University of Technology Sydney

[2023] FWCA 1419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

University of Technology Sydney

(AG2023/1198)

UNIVERSITY OF TECHNOLOGY SYDNEY STAFF AGREEMENT 2021

Educational services
COMMISSIONER P RYAN	SYDNEY, 17 MAY 2023

Application for approval of the University of Technology Sydney Staff Agreement 2021

The University of Technology Sydney (Employer) has made an application for approval of an enterprise agreement known as the University of Technology Sydney Staff Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

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 Representative

The CPSU, the Community and Public Sector Union (CPSU) and the National Tertiary Education Industry Union (NTEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

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

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2023. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by the University of Technology Sydney to approve the Staff Agreement 2021. This agreement is intended to replace the existing enterprise agreements, namely the UTS Enterprise Agreement 2017 and the UTS Enterprise Agreement 2019. The university sought approval for the new agreement under the Fair Work Act 2009, arguing that it contained suitable provisions for its workforce and met the requirements for direct registration by the Commission.

The central legal issues the Commission had to address were whether the proposed agreement complied with the statutory requirements and whether it was suitable for direct registration. This involved assessing whether the agreement provided for minimum entitlements, was not less favourable than the relevant award or safety net award, and did not contain provisions that would be contrary to public policy. The university needed to demonstrate that the agreement was in the best interests of the employees it covered.

The Commission determined that the Staff Agreement 2021 met the necessary statutory requirements. It found that the agreement provided for minimum entitlements and was not less favourable than the relevant award or safety net award. The Commission was satisfied that the provisions of the agreement did not contravene any public policy considerations and were suitable for direct registration. The university had presented evidence and arguments that addressed the concerns of both the employees and the university, and the Commission was satisfied with the balance achieved in the agreement.

The Commission approved the application and registered the Staff Agreement 2021 directly. The new agreement became effective from the date of registration and replaced the existing agreements. This decision ensures that the university can implement the new staff agreement, which aims to provide a fair and equitable framework for the employment of its staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established