DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Western Australia T/A The University of Western Australia
(AG2017/3736)

THE UNIVERSITY OF WESTERN AUSTRALIA ACADEMIC EMPLOYEES AGREEMENT 2017

Educational services
COMMISSIONER LEE	MELBOURNE, 20 NOVEMBER 2017

Application for approval of The University of Western Australia Academic Employees Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The University of Western Australia Academic Employees Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by University of Western Australia T/A The University of Western Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Western Australia, trading as The University of Western Australia, applied for the approval of the Fair Work Commission of the Academic Employees Agreement 2017. The application was made under section 234 of the Fair Work Act 2009. The respondents included the Australian Education Union, the National Tertiary Education Union, the Tertiary Education Union, and the Australian Services Union. The dispute centred around the terms and conditions of employment for academic staff at the university, including matters such as remuneration, working hours, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement provided for the employees' terms and conditions of employment in a manner that was fair and appropriate, and whether it complied with the provisions of the Fair Work Act 2009. The Commission needed to assess if the agreement met the 'better off overall test', ensuring that employees were no worse off and at least some were better off under the agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement adhered to the 'good faith' bargaining principle, ensuring that both parties negotiated in a genuine and meaningful manner.

In reaching its decision, the Commission considered the submissions from both the applicant and the respondents, as well as relevant precedents and statutory provisions. The Commission found that the agreement provided for fair and appropriate terms and conditions of employment, and that it met the better off overall test. The Commission also determined that the agreement was the product of good faith bargaining. Consequently, the Commission approved the agreement, finding it to be in compliance with the requirements of the Fair Work Act 2009.

The final orders of the Commission were that the Academic Employees Agreement 2017 be approved as a registered agreement under section 184 of the Fair Work Act 2009. The agreement was to be registered by the Commission, and it would then have effect as a registered agreement from the date of registration. The approval was subject to the agreement being amended in accordance with the Fair Work Act 2009, including any necessary adjustments to ensure continued compliance with the Act.

University of Western Australia T/A The University of Western Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established