University of Technology, Sydney

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Technology, Sydney applied for the approval of the University of Technology, Sydney Professional Staff Agreement 2014. The applicant sought approval of the Agreement by the Fair Work Commission under section 233 of the Fair Work Act 2009. The application was made in the context of a dispute between the applicant and the Professional Staff Association of the University of Technology, Sydney, which represents the professional staff members of the university. The applicant argued that the Agreement was necessary to address issues such as remuneration, classification, and working conditions for the professional staff.

The legal issues before the court included whether the Agreement met the requirements of section 233 of the Fair Work Act 2009, including whether it provided for fair and equitable terms and conditions of employment for the professional staff. The court also considered whether the Agreement provided for appropriate mechanisms for resolving disputes between the parties and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to balance the need for the Agreement to provide for fair and equitable terms and conditions of employment with the need to ensure that the Agreement did not undermine the rights and protections afforded to employees under the Fair Work Act 2009.

After considering the submissions of the parties and the relevant provisions of the Fair Work Act 2009, the court found that the Agreement met the requirements of section 233 of the Fair Work Act 2009. The court noted that the Agreement provided for fair and equitable terms and conditions of employment for the professional staff, including provisions for remuneration, classification, and working conditions. The court also found that the Agreement provided for appropriate mechanisms for resolving disputes between the parties and complied with the relevant provisions of the Fair Work Act 2009. The court approved the Agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications related to provisions concerning the calculation of overtime and penalties for exceeding maximum weekly hours of work.

The court ordered that the Agreement be approved as a registered agreement under the Fair Work Act 2009, subject to the modifications made by the court. The court also ordered that the Agreement be registered by the Registrar of the Fair Work Commission and that a copy of the registered Agreement be provided to the parties. The court further ordered that the Agreement would be in effect from the date of the court's approval and would remain in force until such time as it was terminated or varied in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established