University of Technology, Sydney Summary

[2014] FWCA 562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Technology, Sydney
(AG2013/12771)

UNIVERSITY OF TECHNOLOGY, SYDNEY SENIOR STAFF GROUP AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 22 JANUARY 2014

Application for approval of the University of Technology, Sydney Senior Staff Group Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the University of Technology, Sydney Senior Staff Group Agreement 2013 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2014. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

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 Senior Staff Group Agreement 2013. The applicant sought approval of the agreement under section 142 of the Education Services for Overseas Students Act 2000 (Cth). The applicant argued that the agreement provided for the protection of the rights of its employees and was necessary for the efficient operation of the university.

The legal issues before the court involved whether the agreement was consistent with the Act and whether it provided adequate protections for employees. The court had to consider whether the agreement complied with the relevant provisions of the Act and whether it provided for fair and reasonable terms for the employees. The court also had to determine whether the agreement was necessary for the efficient operation of the university.

The court found that the agreement was consistent with the Act and provided adequate protections for employees. The court noted that the agreement provided for fair and reasonable terms for the employees and that it was necessary for the efficient operation of the university. The court was satisfied that the agreement provided for the protection of the rights of employees and that it was in the best interests of the university. The court approved the agreement and made an order under section 142 of the Act.

The court ordered that the University of Technology, Sydney Senior Staff Group Agreement 2013 be approved and registered under section 142 of the Education Services for Overseas Students Act 2000 (Cth). The court also ordered that the agreement be published on the university's website and that it be made available to employees upon request.

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