University of Technology, Sydney

[2014] FWCA 7325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

University of Technology, Sydney
(AG2014/7601)

UNIVERSITY OF TECHNOLOGY, SYDNEY ACADEMIC STAFF AGREEMENT 2014

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 16 OCTOBER 2014

Application for approval of the University of Technology, Sydney Academic Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the University of Technology, Sydney Academic Staff Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the University of Technology, Sydney. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2014. The nominal expiry date of the Agreement is 2 May 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Technology, Sydney sought approval of the Academic Staff Agreement 2014 from the Fair Work Commission (FWC). The application was made under section 231 of the Fair Work Act 2009, seeking an order that the agreement be approved as a registered agreement. The Australian Education Union (AEU) opposed the application, contending that the agreement was not a genuine agreement reached by the parties in the spirit of cooperative bargaining. The application was heard by the Full Bench of the FWC, comprising Deputy President R T Rice, Commissioner J D O’Connell, and Commissioner S L Mckenna.

The primary legal issues before the court were whether the agreement had been made genuinely and whether it was a genuine agreement reached in the spirit of cooperative bargaining. The AEU argued that the university had not engaged in genuine bargaining, and that the process was skewed in favour of the university. The university, on the other hand, contended that the agreement was the result of genuine bargaining, and that it had taken all reasonable steps to reach an agreement with the union. The court was required to determine whether the agreement met the legal requirements set out in the Fair Work Act.

The court found that the university had engaged in genuine bargaining, and that the agreement was a genuine agreement reached in the spirit of cooperative bargaining. The court noted that the university had taken all reasonable steps to reach an agreement with the union, and that the process was not skewed in favour of the university. The court rejected the union's argument that the university had not engaged in genuine bargaining, finding that the evidence did not support this contention. The court approved the agreement as a registered agreement, finding that it met the legal requirements set out in the Fair Work Act.

The court ordered that the Academic Staff Agreement 2014 be approved as a registered agreement, and that the agreement be registered with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website, and that a copy of the agreement be provided to the union and the university. The court's decision was based on its finding that the university had engaged in genuine bargaining, and that the agreement was a genuine agreement reached in the spirit of cooperative bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established