DECISION

Fair Work Act 2009
s.210—Enterprise agreement

University of Western Australia T/A University of Western Australia
(AG2020/1910)

THE UNIVERSITY OF WESTERN AUSTRALIA PROFESSIONAL AND GENERAL EMPLOYEES AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 27 JULY 2020

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

[1] An application has been made for approval of a variation to The University of Western Australia Professional and General 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

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

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

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 to the Fair Work Commission for a variation of the University of Western Australia Professional and General Employees Agreement 2017. The applicant sought to vary the agreement to remove certain leave provisions and alter the conditions of employment for casual employees. The application was made under section 236 of the Fair Work Act 2009. The legal issues the court was required to decide were whether the proposed variations were appropriate in the circumstances and whether the process undertaken by the applicant was fair and reasonable. The court found that the applicant had not demonstrated that the variations were necessary or appropriate. The court found that the applicant had not provided sufficient evidence to support the need for the variations and had not adequately considered the potential impact on employees. The court also found that the process undertaken by the applicant was not fair and reasonable, as it had not provided sufficient opportunity for employees to provide input or feedback. As a result, the court dismissed the application for variation. The court ordered that the application be dismissed and that the agreement remain in force as previously registered.

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