DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

University of Western Sydney
(AG2014/9890)

UNIVERSITY OF WESTERN SYDNEY ACADEMIC STAFF AGREEMENT 2014

Educational services
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 OCTOBER 2015

Amendment to University of Western Sydney Academic Staff Agreement 2014 approved by the Full Bench. [2015] FWCFB 6846

[1] Further to the decision issued on 7 October 2015 [2015] FWCFB 6846 the attached Agreement replaces the Agreement approved by Commissioner McKenna on 5 December 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Western Sydney challenged an amendment to the University of Western Sydney Academic Staff Agreement 2014. The amendment, which was proposed by the university, was subject to approval by the Full Bench of the Fair Work Commission. The university sought to amend the agreement in order to address certain issues relating to the employment of academic staff.

The primary legal issue before the Full Bench was whether the proposed amendment to the agreement was consistent with the provisions of the Fair Work Act 2009. The university argued that the amendment was necessary in order to address certain issues relating to the employment of academic staff, such as the need for greater flexibility in the way in which academic staff were deployed. The union representing the academic staff argued that the amendment would result in a reduction in the overall remuneration of academic staff, and that it was not consistent with the provisions of the Fair Work Act.

The Full Bench considered the arguments of both parties and found that the proposed amendment was consistent with the provisions of the Fair Work Act. The Full Bench noted that the amendment was necessary in order to address certain issues relating to the employment of academic staff, and that it did not result in a reduction in the overall remuneration of academic staff. The Full Bench also noted that the amendment was consistent with the principles of good faith bargaining, and that it was in the best interests of both parties.

The Full Bench approved the amendment to the University of Western Sydney Academic Staff Agreement 2014, subject to certain conditions. The amendment was to be implemented on a specified date, and the university was required to provide certain information to the union representing the academic staff. The union was also required to provide certain information to the university. The Full Bench noted that the amendment was an important step in addressing certain issues relating to the employment of academic staff, and that it was in the best interests of both parties.

University of Western Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established