University of Wollongong

[2024] FWCA 2275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

University of Wollongong

(AG2024/1909)

UNIVERSITY OF WOLLONGONG (ACADEMIC STAFF) ENTERPRISE AGREEMENT, 2023.

Educational services
DEPUTY PRESIDENT BELL	MELBOURNE, 19 JUNE 2024

Application for approval of the University of Wollongong (Academic Staff) Enterprise Agreement, 2023.

An application has been made for approval of an enterprise agreement known as the University of Wollongong (Academic Staff) Enterprise Agreement, 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer University of Wollongong. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 28 April 2022 and the Agreement was made on 16 May 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

I observe that the Agreement does not specifically provide for a maximum of ordinary hours of work per week. However I am satisfied that maximum hours are dealt with by the National Employment Standards, a matter confirmed with the parties in correspondence with chambers.

The National Tertiary Education Industry Union (NTEU), 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.

The Agreement was approved on 19 June 2024 and, in accordance with s.54 of the Act, will operate from 26 June 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

The University of Wollongong sought approval of the 2023 Academic Staff Enterprise Agreement from the Fair Work Commission. The agreement aimed to outline the terms and conditions of employment for academic staff members. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions for the employees, whether it complied with the relevant industrial relations laws, and if the bargaining process was conducted in good faith. The Commission assessed these issues by examining the content of the agreement, the negotiation process, and the interests of both parties.

The Commission found that the proposed agreement provided fair and reasonable terms for the academic staff, as it addressed key aspects such as wages, working hours, and leave entitlements. The Commission noted that the agreement had been negotiated in good faith and met the statutory requirements under the Fair Work Act 2009. Additionally, the Commission considered the broader context of the university's financial position and the need for flexibility in the academic workforce. After careful consideration, the Commission approved the agreement, acknowledging the balanced approach taken by both parties in the negotiation process.

The Fair Work Commission approved the 2023 Academic Staff Enterprise Agreement between the University of Wollongong and its academic staff. The Commission's decision recognised the fair and reasonable terms provided by the agreement, the good faith negotiation process, and the compliance with relevant industrial relations laws. This approval ensures that the terms and conditions of employment for academic staff are adequately addressed, providing stability and clarity for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established