University of Technology Sydney

[2018] FWCA 7708

[2018] FWCA 7708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Technology Sydney
(AG2018/4943)

UNIVERSITY OF TECHNOLOGY SYDNEY PROFESSIONAL STAFF AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 20 DECEMBER 2018

Application for approval of the University of Technology Sydney Professional Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the University of Technology Sydney Professional Staff Agreement 2018 (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 Technology Sydney. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The 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.

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

COMMISSIONER

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Annexure A