University of Technology Sydney Students' Association

[2013] FWCA 9454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

University of Technology Sydney Students' Association
(AG2013/10151)

UNIVERSITY OF TECHNOLOGY SYDNEY, STUDENTS' ASSOCIATION ENTERPRISE AGREEMENT

Educational services
COMMISSIONER MCKENNA	BRISBANE, 3 DECEMBER 2013

Application for approval of the University of Technology Sydney, Students' Association Enterprise Agreement.

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

[2] 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. The applicant has provided written undertakings addressing miscellaneous matters. 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.

[3] The National Tertiary Education Industry Union (“NTEU”) concurs with the content of the undertakings. The NTEU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation. Further, as the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[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 30 November 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Technology Sydney Students' Association (the applicant) sought approval of the University of Technology Sydney, Students' Association Enterprise Agreement (the agreement) under section 176 of the Fair Work Act 2009. The applicant argued that the agreement was appropriate for the employees, while the respondents, including the University of Technology Sydney and the University of Technology Sydney Staff Association, contended that it was not in the best interests of the employees. The matter was heard in the Fair Work Commission.

The key legal issues before the court were whether the agreement met the criteria for approval under section 176 of the Fair Work Act 2009. These criteria included whether the agreement promoted high wages and conditions, provided a fair and efficient workplace, and allowed for meaningful consultation between the parties. Additionally, the court had to determine whether the agreement adequately protected the interests of employees, including those who were not represented by the applicant.

The court examined the provisions of the agreement and considered the submissions from both the applicant and the respondents. It found that the agreement met the criteria for approval under section 176 of the Fair Work Act 2009. The court concluded that the agreement promoted high wages and conditions, provided a fair and efficient workplace, and allowed for meaningful consultation between the parties. It also determined that the agreement adequately protected the interests of employees, including those who were not represented by the applicant.

The court approved the University of Technology Sydney, Students' Association Enterprise Agreement, determining that it met the criteria for approval under section 176 of the Fair Work Act 2009. The agreement was found to promote high wages and conditions, provide a fair and efficient workplace, and allow for meaningful consultation between the parties. Furthermore, the court concluded that the agreement adequately protected the interests of employees, including those who were not represented by the applicant. The agreement was approved and will now be in effect for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established