DECISION

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

University of Wollongong
(AG2015/369)

UNIVERSITY OF WOLLONGONG (GENERAL STAFF) ENTERPRISE AGREEMENT 2014

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 17 MARCH 2015

Application for approval of the University of Wollongong (General Staff) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the University of Wollongong (General Staff) Enterprise Agreement 2014 (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 and Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), 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 24 March 2015. The nominal expiry date of the Agreement is 31 January 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Wollongong sought approval for the University of Wollongong (General Staff) Enterprise Agreement 2014 from the Fair Work Commission. The nature of the dispute involved the university's request to finalise the agreement without a vote, as it had been negotiated with a recognised union and met certain criteria. The court was required to determine whether the application for approval met the statutory requirements.

The primary legal issue before the court was whether the application for approval of the enterprise agreement complied with section 233 of the Fair Work Act 2009. Specifically, the court had to consider if the agreement had been fairly and properly negotiated and if the application was made in accordance with the relevant provisions of the Act. The court also needed to assess if the application was supported by the necessary documentation and evidence.

In its decision, the court found that the University of Wollongong had satisfied all the necessary requirements for approval. The agreement was deemed to have been fairly and properly negotiated with the recognised union, and the application was made in compliance with the statutory provisions. The court was satisfied with the evidence provided and concluded that the agreement met the criteria for approval without a vote. The court approved the application, allowing the enterprise agreement to proceed without a vote.

The final orders of the court were that the University of Wollongong (General Staff) Enterprise Agreement 2014 be approved as a registered agreement. The court directed that the agreement be registered with the Fair Work Commission, and it came into effect as per its terms. The university was permitted to implement the agreement without the need for a vote from the affected employees.

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