DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UNSW Global Pty Ltd
(AG2019/3796)

UNSW GLOBAL EDUCATION (TEACHING EMPLOYEES) ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 DECEMBER 2019

Application for approval of the UNSW Global Education (Teaching Employees) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UNSW Global Education (Teaching Employees) Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error in clause 11.9.1. On 30 October 2019, the Applicant filed an amended version of the Agreement pursuant to section 586 of the Act correcting the error in clause 11.9.1. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to section 586 of the Act.

[3] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Independent Education Union of Australia and the National Tertiary Education Industry Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, UNSW Global Pty Ltd applied for the approval of the UNSW Global Education (Teaching Employees) Enterprise Agreement 2019. The application arose as a result of the parties' negotiations for a new enterprise agreement. The applicant, UNSW Global, sought to have the proposed agreement approved by the Commission, given that the existing agreement was set to expire. The respondents, who were the employees covered by the agreement, did not oppose the application.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including sections that govern the negotiation and content of enterprise agreements. The Commission considered the application under section 177 of the Act, which allows for the approval of agreements that meet specified criteria, such as being certified by an independent person as meeting the good faith bargaining requirements and other procedural standards.

The Commission found that the proposed agreement complied with the necessary legal requirements. The applicant had demonstrated that the agreement was the product of good faith bargaining, and it contained all the necessary terms and conditions, including those concerning pay and conditions. The Commission also noted that the agreement provided for a transparent process for resolving disputes and included provisions for employee representation. As a result, the Commission approved the application and certified the enterprise agreement as meeting the statutory requirements.

The Fair Work Commission approved the UNSW Global Education (Teaching Employees) Enterprise Agreement 2019, confirming that it satisfied the conditions for approval under the Fair Work Act. The Commission's decision was based on the evidence provided by UNSW Global that the agreement was the outcome of good faith bargaining and contained all the mandatory terms and conditions. The approved agreement now governs the employment conditions of the teaching staff at UNSW Global for the duration specified in the agreement.

UNSW Global Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established