DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UNSW Global Pty Limited
(AG2014/10313)

UNSW GLOBAL (FOUNDATION STUDIES) ENTERPRISE AGREEMENT 2014

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 3 MARCH 2015

Application for approval of the UNSW Global Pty Limited (Foundation Studies) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the UNSW Global Pty Limited (Foundation Studies) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by UNSW Global Pty Limited. 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 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia and National Tertiary Education 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) of the Act I note that the Agreement covers these organisations.

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

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, UNSW Global Pty Limited sought approval for the UNSW Global Pty Limited (Foundation Studies) Enterprise Agreement 2014. The applicant is a subsidiary of the University of New South Wales, which engages casual academic staff to teach on its foundation courses. The dispute concerned the terms and conditions of employment for these casual academic staff, as outlined in the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, and if it was made in good faith and without coercion. Additionally, the Commission had to assess if the agreement met the Fair Work (Registered Organisations) Act 2009's "better off overall test," which requires that the terms and conditions of employment under the agreement must not be less favourable than the applicable award or certified agreement, and that at least half of the employees covered by the agreement are better off overall.

The Commission found that the proposed agreement met the statutory requirements for approval. It determined that the agreement provided for a fair and efficient workplace, was made in good faith, and without coercion. Furthermore, the Commission concluded that the agreement passed the "better off overall test," as the terms and conditions provided for in the agreement were not less favourable than those under the applicable award, and a majority of the employees would be better off overall. The Commission approved the proposed agreement, finding it to be in the interests of the employees and the employer.

The Fair Work Commission approved the UNSW Global Pty Limited (Foundation Studies) Enterprise Agreement 2014. This decision provides clarity for the terms and conditions of employment for casual academic staff employed by UNSW Global, and sets a precedent for similar agreements in the education sector.

UNSW Global Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established