DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of the Sunshine Coast
(AG2016/3077)

UNIVERSITY OF THE SUNSHINE COAST ENTERPRISE AGREEMENT (EA) 2014 – 2018

Educational services
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for approval of the University of the Sunshine Coast Enterprise Agreement (EA) 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the University of the Sunshine Coast Enterprise Agreement (EA) 2014-2018 (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 the Sunshine Coast. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The National Tertiary Education Industry Union 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.
[5] The Agreement was approved on 1 July 2016 and, in accordance with s.54, will operate from 8 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of the Sunshine Coast sought approval of the Enterprise Agreement (EA) 2014-2018 in the Fair Work Commission. The dispute involved the application for approval of the EA, which governed the terms and conditions of employment for the university's staff. The EA was subject to various legal requirements and provisions set out in the Fair Work Act 2009, including the need for the agreement to meet specific criteria for registration, such as being free from prohibited content and ensuring fairness in the terms and conditions of employment.

The legal issues before the court were primarily focused on whether the EA complied with the statutory requirements for approval. This included determining if the agreement was free from prohibited content, if it provided for a genuine enterprise bargaining process, and if it included appropriate mechanisms for resolving disputes. Additionally, the court had to consider whether the EA ensured fairness in terms and conditions of employment, including whether it provided for minimum wages and entitlements as required by law.

The court found that the EA met the statutory requirements for approval. The EA was deemed to be free from prohibited content and provided for a genuine enterprise bargaining process. The court considered that the agreement included appropriate mechanisms for resolving disputes and ensured fairness in terms and conditions of employment, including minimum wages and entitlements. The court also noted the provisions in the EA that provided for flexibility and productivity enhancements, which were seen as consistent with the objectives of the Fair Work Act.

The final orders included the approval of the EA, allowing it to be registered and enforceable. The EA was to apply to the university's staff as specified in the agreement, providing a clear framework for the terms and conditions of employment moving forward.

University of the Sunshine Coast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established