DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UOW Pulse Ltd
(AG2016/7055)

PULSE SERVICES AGREEMENT 2016

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2017

Application for approval of the Pulse Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pulse Services Agreement 2016 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 10 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of UOW Pulse Ltd, the respondent sought approval for the Pulse Services Agreement 2016. The application was lodged with the Fair Work Commission (FWC) by the University of Wollongong, a not-for-profit incorporated association. The university intended to transfer its operations of residential accommodation services to UOW Pulse Ltd, a wholly-owned subsidiary. The dispute centred on whether the transfer was justified and whether the proposed agreement was fair and reasonable.

The central legal issues revolved around whether the transfer was genuinely intended to improve the efficiency, effectiveness, or economic performance of the university. Additionally, the FWC had to determine if the proposed agreement met the requirements for fair and reasonable terms and conditions. The university argued that the transfer would result in more efficient and cost-effective management of residential services, while UOW Pulse Ltd contended that the agreement would provide better conditions for its employees.

The FWC found that the university had genuinely intended to improve its operational efficiency and economic performance by transferring the services to UOW Pulse Ltd. The commission also concluded that the proposed agreement was fair and reasonable, considering the benefits to both parties. The FWC approved the transfer and the agreement, noting the significant savings and efficiencies it would bring to the university. This decision was based on the comprehensive analysis of the evidence presented and the overall benefits to the university's operations.

The FWC approved the Pulse Services Agreement 2016, allowing the transfer of residential accommodation services from the university to UOW Pulse Ltd. This approval was contingent on the agreement being implemented in good faith and without any further changes that would materially affect the terms and conditions of employment. The decision was a significant step towards enhancing the efficiency and economic performance of the university's residential services.

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