DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UOW Pulse Ltd
(AG2018/6032)

PULSE UNIACTIVE ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 18 APRIL 2019

Application for approval of the Pulse UniActive Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pulse UniActive Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UOW Pulse Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 25 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were UOW Pulse Ltd and the Australian Education Union (AEU). The dispute centred on the application for approval of the Pulse UniActive Enterprise Agreement 2018. The case was heard by the Fair Work Commission (FWC). The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly regarding the provisions related to penalty rates and shift allowances.

The Commission considered the nature of the enterprise agreement and the obligations it imposed on the parties. It examined whether the agreement contained appropriate mechanisms for resolving disputes and ensuring fair treatment of employees. The Commission also assessed whether the agreement provided for adequate consultation and information exchange between the employer and employees, as mandated by the Act. Furthermore, the Commission evaluated whether the agreement adequately protected the rights of employees, including those related to penalty rates and shift allowances.

The Fair Work Commission concluded that the Pulse UniActive Enterprise Agreement 2018 was generally fair and reasonable. The Commission found that the agreement provided for appropriate mechanisms for resolving disputes and ensuring fair treatment of employees. It also determined that the agreement contained adequate provisions for consultation and information exchange, and that it adequately protected the rights of employees, including those related to penalty rates and shift allowances. Accordingly, the Commission approved the agreement.

The final orders of the Commission were that the Pulse UniActive Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect from the date of registration. The Commission also directed that the agreement be published on the Fair Work Commission's website.

UOW Pulse Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established