DECISION

Fair Work Act 2009
s.210—Enterprise agreement

University of Western Australia T/A University of Western Australia
(AG2020/1909)

THE UNIVERSITY OF WESTERN AUTSRALIA ACADEMIC EMPLOYEES AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 27 JULY 2020

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

[1] An application has been made for approval of a variation to The University of Western Australia Academic Employees Agreement 2017 (the Agreement). The application was made by University of Western Australia T/A University of Western Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 27 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

The University of Western Australia, trading as the University of Western Australia, sought a variation of the University of Western Australia Academic Employees Agreement 2017. The application was brought before the Fair Work Commission. The university sought to alter various terms and conditions of employment for academic employees, including changes to remuneration, working hours, and leave provisions. The primary dispute centred on whether the proposed variations were reasonable and justifiable under the Fair Work Act 2009.

The court was tasked with determining whether the proposed changes met the criteria for a fair and reasonable variation under section 234 of the Fair Work Act. This involved examining whether the changes were necessary to address a change in the circumstances of the employees or the employer, whether they were procedurally fair, and whether they were justifiable in all the circumstances. The university argued that the changes were necessary due to financial pressures and changing educational demands, while the employees' representative contended that the changes were unreasonable and did not adequately consider the impact on staff welfare and job satisfaction.

After a thorough review of the evidence and arguments presented, the Fair Work Commission found that while some of the proposed changes were necessary, others were not sufficiently justified. The court highlighted that the university had not adequately demonstrated the necessity of certain changes, particularly those relating to working hours and leave provisions. Consequently, the Commission disallowed several of the proposed variations while approving others with specific conditions. The university was directed to engage in further consultation with the employees' representative to address the concerns raised.

The final orders included the approval of certain variations to the remuneration structure, subject to specific conditions to protect employee interests. The variations concerning working hours and leave provisions were disallowed, and the university was required to re-evaluate these aspects through further consultation with the employees' representative.

University of Western Australia T/A 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