University of Technology Sydney Summary

[2018] FWCA 7785

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

University of Technology Sydney

(AG2018/4947)

University of Technology Sydney Academic Staff Agreement 2018

Educational services
Commissioner Johns	SYDNEY, 20 DECEMBER 2018

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

An application has been made for approval of an enterprise agreement known as the University of Technology Sydney Academic 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.

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.

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.

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.

The National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

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 Academic Staff Agreement 2018. The application was opposed by the National Tertiary Education Union, representing some of the university's academic staff. The application involved the determination of the terms and conditions of employment for academic staff at the university. The main issues before the Commission were whether the proposed agreement was in the public interest, and if it provided a fair and reasonable safety net for employees.

The Commission found that the proposed agreement was in the public interest, as it would facilitate the university in its mission to provide high-quality education and research. The Commission also found that the agreement provided a fair and reasonable safety net for employees, as it provided for a range of protections and entitlements, including provisions for redundancy, parental leave, and dispute resolution. The Commission approved the application and made the University of Technology Sydney Academic Staff Agreement 2018 a registered agreement. The Commission also made orders to ensure that the agreement would be brought to the attention of relevant employees, and to facilitate the implementation of the agreement.

The court found that the application met the criteria for approval under the Fair Work Act 2009. The court found that the agreement provided for a fair and reasonable safety net for employees, and that it was in the public interest. The court also found that the agreement provided for appropriate mechanisms for the resolution of disputes, and that it did not undermine the operation of the industrial relations system. The court approved the application and made the University of Technology Sydney Academic Staff Agreement 2018 a registered agreement. The court also made orders to ensure that the agreement would be brought to the attention of relevant employees, and to facilitate the implementation of the agreement. The court further found that the agreement was in line with the principles of good faith bargaining, and that it provided for appropriate mechanisms for the resolution of disputes.

University of Technology Sydney

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established