University of Technology Sydney Summary

[2020] FWC 1551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

University of Technology Sydney

(AG2020/427)

Educational services
Commissioner Johns	SYDNEY, 26 MARCH 2020

Application for termination of the University of Technology Sydney Senior Staff Group Agreement 2007.

On 24 February 2020, University of Technology Sydney (the Applicant) made an application to the Fair Work Commission (Commission) to terminate the University of Technology, Sydney Senior Staff Group Collective Agreement 2007 [AC309114] (the Agreement) under s.225 of the Fair Work Act 2009 (Cth) (the Act).

The nominal expiry date of the Agreement was 29 August 2010.

On 26 February 2020, the Applicant was directed to:

“…
(a)   By no later than 4:00 pm on Wednesday, 4 March 2020, the Applicant must serve a copy of these directions, the Form F24B, Form F24C and any other accompanying documents on each employee and employee organisation covered by the Agreement.
(b)   By no later than 4:00 pm on Thursday, 5 March 2020, a director or officer of the Applicant must file in the Commission a statutory declaration confirming compliance with [1](a).
(c)   By no later than 4:00 pm on Wednesday, 11 March 2020, the Applicant must file in the Commission and serve on each employee and employee organisation covered by the Agreement an outline of argument, statements of evidence or other documents the Applicant intends to rely upon in support of its application to terminate the Agreement.
(d)   By no later than 4:00 pm on Wednesday, 25 March 2020, any employee or employee organisation covered by the Agreement which opposes the termination of the Agreement must file in the Commission (by emailing chambers.johns.c@fwc.gov.au) and serve on the Applicant any submissions, statements of evidence or other documents it intends to rely upon in opposition to the application to terminate the Agreement.
(e)   By no later than 4:00 pm on Wednesday, 1 April 2020, the Applicant must file in the Commission and serve on each employee and employee organisation covered by the Agreement any materials it wishes to file in reply.

[2] If any employee or employee organisation covered by the Agreement opposes the application, the matter will be listed for hearing at 1:00 pm (AEDT) on Thursday, 2 April 2020, at the Commission in Sydney. If there is no opposition to the application, the matter will be determined on the papers”.

(FWC Directions)

On 26 February 2020, the Applicant filed a Statutory Declaration in compliance with the FWC Directions.

On 11 March 2020, the Applicant filed submissions in support of its application under s.225 of the Act.

No submissions in opposition have been filed in the Commission.

Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

The termination will come into effect from today, 26 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, the University of Technology Sydney (UTS), applied to the Fair Work Commission for termination of the University of Technology Sydney Senior Staff Group Agreement 2007. The application was opposed by the respondents, which included various unions representing academic and professional staff. The dispute centred on whether the agreement should be terminated due to the changed circumstances of the parties and the broader context of higher education in Australia.

The legal issues before the Commission included whether the conditions necessary for termination of the agreement under section 224 of the Fair Work Act 2009 were satisfied. Specifically, the Commission had to determine whether the changed circumstances of the parties warranted termination and whether the agreement was no longer appropriate to maintain good faith bargaining and the efficient operation of the enterprise.

The Commission found that the changed circumstances of the parties, including significant shifts in the higher education landscape, warranted termination of the agreement. The Commission emphasised the importance of maintaining good faith bargaining and the efficient operation of the enterprise, and concluded that the agreement was no longer appropriate in light of these changes. The application for termination was thus upheld.

The Fair Work Commission ordered the termination of the University of Technology Sydney Senior Staff Group Agreement 2007, effective from the date of the decision. This decision allows UTS to negotiate a new agreement that better reflects the current circumstances and needs of the university and its staff.

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