DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Technology Sydney Students’ Association
(AG2019/4739)

UNIVERSITY OF TECHNOLOGY SYDNEY STUDENTS’ ASSOCIATION ENTERPRISE AGREEMENT 2019 – 2022

Educational services
COMMISSIONER JOHNS	SYDNEY, 24 APRIL 2020

Application for approval of the University of Technology Sydney Students’ Association Enterprise Agreement 2019 – 2022.

[1] An application has been made for approval of an enterprise agreement known as the University of Technology Sydney Students’ Association Enterprise Agreement 2019 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by University of Technology Sydney Students’ Association. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the Agreement.

[3] Pursuant to s.586 of the Act, I correct clause 1.1 of the Agreement so it reads:

“1.1 OPERATION OF AGREEMENT

… and will remain in force until 1 November 2022”

[4] It is appropriate to make this correction in circumstances where the correction is made in response to clause 1 of the undertakings. The views of the National Tertiary Education Industry Union (NTEU) in relation to these undertakings have been sought and it has indicated to the Fair Work Commission that it consents to the approval of the Agreement with the undertakings. Further, it is also appropriate to make the correction as it satisfies me that the requirement within s.186(5) of the Act has been complied with.

[5] 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[7] The NTEU 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of Technology Sydney Students’ Association (UTSSA) applied for the approval of the Enterprise Agreement (EA) for the period 2019-2022. The application was heard by the Fair Work Commission (FWC). The UTSSA is an organisation that represents the students of the University of Technology Sydney and provides services such as advocacy, events, and support. The primary dispute was over the terms and conditions of employment of the UTSSA’s employees and the financial implications of the proposed EA.

The legal issues before the FWC involved determining whether the EA met the requirements of the Fair Work Act 2009 (Cth), particularly whether the agreement was in the best interests of the employees and the employer, and whether it was appropriately certified. The UTSSA argued that the proposed EA reflected a fair and reasonable set of terms and conditions for their employees. The Commission had to assess whether the agreement appropriately balanced the interests of both the employees and the employer, and whether it was free from any illegal or unfair provisions.

In its decision, the FWC found that the proposed EA met the necessary criteria for approval. The Commission considered the arguments of both parties and reviewed the contents of the agreement. It determined that the agreement was fair and reasonable, and that it appropriately balanced the interests of both the employees and the employer. The FWC also found that the agreement was appropriately certified, and that it did not contain any illegal or unfair provisions. Therefore, the FWC approved the EA as proposed.

The FWC approved the UTSSA Enterprise Agreement 2019-2022, subject to the terms and conditions outlined in the agreement. The approval ensures that the terms and conditions of employment for UTSSA employees are fair and reasonable, and that the agreement appropriately balances the interests of both the employees and the employer.

University of Technology Sydney Students’ Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established