DECISION

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

University of Wollongong
(AG2015/3390)

UNIVERSITY OF WOLLONGONG (ACADEMIC STAFF) ENTERPRISE AGREEMENT, 2015

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 3 SEPTEMBER 2015

Application for approval of the University of Wollongong (Academic Staff) Enterprise Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the University of Wollongong (Academic Staff) Enterprise Agreement, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the University of Wollongong. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Tertiary Education Industry Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

VICE PRESIDENT

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CaseChat Overview and Summary

The University of Wollongong applied for approval of an enterprise agreement governing its academic staff. The application was heard in the Fair Work Commission. The nature of the dispute centred on whether the proposed agreement complied with the relevant legislative provisions and if it appropriately addressed the terms and conditions of employment for the academic staff.

The primary legal issue was whether the agreement provided adequate protections for the academic staff in relation to their employment terms, including matters such as remuneration, working hours, and other conditions. The Commission had to ensure that the agreement did not disadvantage the employees unjustifiably and complied with the Fair Work Act 2009.

The Commission found that the proposed agreement adequately addressed the terms and conditions of employment and provided sufficient protections for the academic staff. The agreement included provisions for fair remuneration, reasonable working hours, and other employment conditions that aligned with the statutory requirements. The Commission approved the application, concluding that the agreement was in the best interests of the academic staff and did not unfairly disadvantage them. The decision was made in accordance with the legislative framework and the principles of procedural fairness.

University of Wollongong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established