DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Western Sydney
(AG2014/9888)

UNIVERSITY OF WESTERN SYDNEY PROFESSIONAL STAFF AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 5 DECEMBER 2014

Application for approval of the University of Western Sydney Professional Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the University of Western Sydney Professional Staff Agreement 2014 (“the Agreement”). The application has been made by the University of Western Sydney (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The National Tertiary Education Industry Union and the Community and Public Sector Union (SPSF Group) NSW Branch concur with the undertakings and have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 January 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the University of Western Sydney, which sought approval of its Professional Staff Agreement 2014. The applicants were the university and the Australian Education Union (AEU), which represented the staff. The nature of the dispute centred around the procedural fairness of the agreement process and whether it met the requisite standards for approval.

The legal issues before the court included whether the university had adequately followed the procedures required by the University Professional Staff (State) Act 2010 and the Professional Staff Agreement (State) Act 2010. Specifically, the court needed to determine if the process was transparent and whether the staff had a meaningful opportunity to provide input. The court also had to assess if the agreement was fair and reasonable, considering the staff's interests and the university's needs.

In its decision, the court examined the evidence presented by both parties and the procedural steps taken by the university. The court found that the university had generally complied with the legislative requirements, and the process was sufficiently transparent. While acknowledging some concerns about the level of staff engagement, the court concluded that the agreement was fair and reasonable, considering all the circumstances. The court approved the application, allowing the Professional Staff Agreement 2014 to proceed. The approval was subject to specific conditions to ensure ongoing compliance with the relevant statutes.

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