DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UOW Pulse Ltd
(AG2016/7336)

PULSE ADMINISTRATIVE EMPLOYEES AGREEMENT - 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2017

Application for approval of the Pulse Administrative Employees Agreement - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pulse Administrative Employees 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.

[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 CPSU, the Community and Public Sector Union 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 is approved and, in accordance with s.54 of the Act, will operate from 17 January 2017. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, UOW Pulse Ltd applied for approval of the Pulse Administrative Employees Agreement 2016. This application arose from negotiations between the company and the union representing the administrative employees. The union had sought a pay increase, among other things, and the application was made to formalise the terms of the agreement reached between the parties.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, whether it contained only matters that are bargainable under the Act, and if the agreement was made in good faith. The Commission also had to consider if the agreement provided for the proper operation of the enterprise and the rights of employees and employers.

The Commission found that the agreement was a genuine enterprise agreement, as it was negotiated in good faith and contained only matters that were bargainable under the Act. The agreement was also found to provide for the proper operation of the enterprise and the rights of employees and employers. The Commission took into account the nature of the enterprise, the bargaining power of the parties, and the terms of the agreement in reaching its decision. The Commission concluded that the agreement was fair and reasonable, and approved the Pulse Administrative Employees Agreement 2016.

The Fair Work Commission approved the Pulse Administrative Employees Agreement 2016, subject to certain conditions. The agreement provides for a pay increase for the administrative employees, among other things. The Commission imposed conditions on the agreement to ensure that the agreement was implemented in a manner that was consistent with the terms of the agreement and the requirements of the Fair Work Act 2009. The conditions included requirements for the parties to notify the Commission of any changes to the agreement and to take steps to ensure that the agreement was properly implemented.

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