DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Western Australia T/A The University of Western Australia
(AG2017/3738)

THE UNIVERSITY OF WESTERN AUSTRALIA PROFESSIONAL AND GENERAL EMPLOYEES AGREEMENT 2017

Educational services
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2017

Application for approval of The University of Western Australia Professional and General Employees Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The
University of Western Australia Professional and General 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 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 7 December 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, sought approval for the University of Western Australia Professional and General Employees Agreement 2017. The application was heard in the Fair Work Commission. The university aimed to have the agreement registered under the Fair Work Act 2009 to apply to its employees, which included academic and general staff members.

The legal issues the court had to address involved whether the agreement met the requirements for approval under the Fair Work Act. This included whether the agreement was a "single, integrated and stand-alone" agreement that contained all the terms and conditions of employment, and whether it complied with the provisions of the Act regarding procedural fairness, good faith bargaining, and the protection of employees’ rights.

The Fair Work Commission examined the agreement thoroughly, considering the negotiation process and the content of the agreement. It found that the agreement was a comprehensive document that set out all the terms and conditions of employment for the relevant employees. The Commission concluded that the university had engaged in good faith bargaining and that the agreement was fair and reasonable. It was noted that the agreement provided adequate protections for employees, including provisions for consultation, dispute resolution, and the preservation of certain rights.

The Fair Work Commission approved the University of Western Australia Professional and General Employees Agreement 2017, allowing it to be registered and applied to the university's employees. This decision provided legal certainty for both the university and its employees regarding their employment terms and conditions.

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