UOWC LTD T/A UOW College Australia

Case

[2023] FWCA 766

9 MARCH 2023


[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

  1. 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

  1. 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

  1. 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

  1. 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.

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

Approval

  1. 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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