University of Technology, Sydney

[2014] FWCA 5999

[2014] FWCA 5999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Technology, Sydney
(AG2014/7179)

UNIVERSITY OF TECHNOLOGY, SYDNEY PROFESSIONAL STAFF AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 29 AUGUST 2014

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

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

[2] With the provision of written undertakings from the applicant addressing miscellaneous matters, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, although the Agreement contains a flexibility clause and comprehensive consultation arrangements, the clauses thereto are not otherwise fully complying. As such, and as discussed with the applicant and bargaining representatives, I note the model flexibility and consultation terms are taken to be terms of the Agreement.

[3] The National Tertiary Education Industry Union and the CPSU, The Community and Public Sector Union (SPSF Group NSW Branch) agree with the undertakings and have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 2 May 2017.

COMMISSIONER

Annexure A

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