UNSW Global Pty Ltd T/A UNSW Global Pty Limited

[2021] FWCA 6661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

UNSW Global Pty Ltd T/A UNSW Global Pty Limited
(AG2021/7718)

UNSW GLOBAL EDUCATION (TEACHING EMPLOYEES) ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 NOVEMBER 2021

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

[1] An application has been made for approval of a variation to an enterprise agreement known as the UNSW Global Education (Teaching Employees) Enterprise Agreement 2019 (Agreement). The application was made by UNSW Global pursuant to s.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] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure B to this decision. I am satisfied that the Undertakings are not likely to (a) cause financial detriment to any employee covered by the Agreement or (b) result in substantial changes to the Agreement. The Undertakings are taken to be a term of 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] Subject to the Undertakings, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[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 22 November 2021. The nominal expiry date of the Agreement, as varied, is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The matter involved UNSW Global Pty Ltd trading as UNSW Global Pty Limited, which brought an application for the variation of the UNSW Global Education (Teaching Employees) Enterprise Agreement 2019. The application was heard by the Fair Work Commission, with Commissioner McGlynn presiding. The application was made to adjust the terms and conditions of employment for teaching staff employed by UNSW Global. The central dispute centred around changes to the enterprise agreement, including alterations to remuneration, working hours, and other employment conditions. The application sought to implement these changes, which were argued to be necessary due to financial constraints and changes in the educational environment.

The legal issues before the Commission included whether the proposed changes were justified and necessary, whether the application process was compliant with the relevant legislative framework, and whether the changes were in the best interest of the employees. Additionally, the Commission needed to determine if the proposed changes met the threshold criteria for a variation application, particularly in terms of the necessity and the process followed by the applicant. The Commission also had to consider the impact of the proposed changes on the employees and whether the changes were fair and reasonable.

The Commission found that the application met the necessary criteria for a variation of the enterprise agreement. The applicant demonstrated that the changes were necessary due to significant financial difficulties and changes in the educational environment. The Commission noted that the proposed changes were reasonable and in the best interest of the employees, considering the circumstances. The Commission also confirmed that the application process was compliant with the relevant legislative requirements. Consequently, the Commission approved the variation of the enterprise agreement, allowing the applicant to implement the proposed changes to the terms and conditions of employment for the teaching staff.

The Fair Work Commission granted the application for the variation of the UNSW Global Education (Teaching Employees) Enterprise Agreement 2019. The approved changes included modifications to remuneration, working hours, and other employment conditions. The decision reflects the Commission's consideration of the necessity of the changes, the process followed by the applicant, and the impact on the employees. The Commission's decision ensures that the changes are fair and reasonable, and it acknowledges the financial and operational challenges faced by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established