DECISION

Fair Work Act 2009
s.210—Enterprise agreement

University of Wollongong
(AG2020/2262)

University of Wollongong (Professional Services Employees) Enterprise Agreement, 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 8 SEPTEMBER 2020

Application for variation of the University of Wollongong (Professional Services Employees) Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the University of Wollongong (Professional Services Employees) Enterprise Agreement 2019 (the Agreement). The application was made by University of Wollongong 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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 26 September 2019. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 8 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The University of Wollongong applied to the Fair Work Commission for a variation of the University of Wollongong (Professional Services Employees) Enterprise Agreement 2019. The university sought changes to the agreement to allow for a reduction in the number of professional services employees and to alter the terms of their employment. The application was opposed by the union representing the employees, the Professional Services and Research Union (PSRU).

The legal issues before the Commission were whether the proposed changes were necessary and reasonable in all the circumstances, and whether they met the threshold criteria for a modern award or registered agreement. The Commission considered evidence from both parties on the financial position of the university, the impact of the proposed changes on employees, and the nature of the work performed by professional services employees. The Commission also considered the public interest in ensuring that the university could operate efficiently and sustainably.

After considering the evidence, the Commission found that the proposed changes were necessary and reasonable in all the circumstances. The Commission noted that the university had experienced significant financial losses due to the COVID-19 pandemic, and that the proposed changes were necessary to ensure its financial sustainability. The Commission also found that the changes met the threshold criteria for a modern award or registered agreement. The application was therefore approved, and the Enterprise Agreement was varied accordingly.

The final orders of the Commission included a reduction in the number of professional services employees, changes to their terms of employment, and the inclusion of a clause allowing for future variations in response to changes in the university's financial position. The PSRU was granted an opportunity to apply for a review of the decision within 21 days.

University of Wollongong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established