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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of Technology Sydney applied to the Fair Work Commission for approval of the University of Technology Sydney Professional Staff Agreement 2018. The application was opposed by the Professional Staff Association of NSW. The Fair Work Commission heard the matter and made a decision. The primary issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest and if it complied with the Act's provisions. The Commission considered various aspects of the agreement, including the classification of employees, the minimum rates of pay, and the conditions of employment.

The Commission found that the proposed agreement was in the public interest. It noted that the agreement provided for a fair and reasonable process for resolving disputes between the university and its professional staff. The Commission also found that the agreement met the requirements of the Fair Work Act, including the provisions relating to minimum rates of pay and conditions of employment. The Commission approved the agreement, subject to certain conditions, including the requirement that the university and the Professional Staff Association of NSW establish a joint committee to review the agreement after two years. The university and the Professional Staff Association of NSW were directed to give effect to the approved agreement, and the Commission made orders to that effect.

University of Technology Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established