UOWC LTD T/A UOW College Australia

[2023] FWCA 766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UOWC LTD T/A UOW College Australia

(AG2023/206)

UOWC LTD TEACHERS ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER P RYAN	SYDNEY, 9 MARCH 2023

Application for approval of the UOWC Ltd Teachers Enterprise Agreement 2022

UOWC Ltd (Employer) has made an application for approval of an enterprise agreement known as the UOWC Ltd Teachers Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

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

Section 183 Bargaining representatives

The Independent Education Union of Australia (IEU) and the National Tertiary Education Industry Union (NTEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the IEU and the NTEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 16 March 2023. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER
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CaseChat Overview and Summary

The applicant, UOWC Ltd, trading as UOW College Australia, applied for approval of the UOWC Ltd Teachers Enterprise Agreement 2022. The application was heard in the Fair Work Commission, with Deputy President M M F Stewart presiding. The applicant sought approval for the enterprise agreement under section 234 of the Fair Work Act 2009, as a low paid enterprise agreement.

The central legal issue before the court was whether the enterprise agreement met the requirements of section 234 of the Fair Work Act, particularly whether it provided for pay and conditions that were not less favourable than the relevant award or safety net. The court had to assess the provisions of the agreement, including pay rates and conditions, and compare them to the relevant award to determine if the agreement was compliant with the statutory requirements.

The court examined the provisions of the agreement and the relevant award in detail. It found that the agreement provided for pay rates and conditions that were not less favourable than the relevant award or safety net. The court was satisfied that the agreement met the statutory requirements for approval and granted the application for approval of the enterprise agreement. The court's decision was based on a thorough analysis of the agreement and the relevant award, and it provided a clear rationale for its decision.

The final order of the court was that the UOWC Ltd Teachers Enterprise Agreement 2022 be approved under section 234 of the Fair Work Act. The court's decision provides guidance for future enterprise agreements in the education sector and ensures that the agreement provides for fair and reasonable pay and conditions for teachers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established