University of Technology Sydney Students’ Association

[2020] FWCA 2143

[2020] FWCA 2143

FAIR WORK COMMISSION

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

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Annexure A