DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UOWC LTD T/A UOW College Australia
(AG2019/2280)

UOWC LTD TEACHERS ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 SEPTEMBER 2019

Application for approval of the UOWC Ltd Teachers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UOWC Ltd Teachers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UOWC LTD T/A UOW College Australia. 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. The undertakings are taken to be a term of 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] The Independent Education Union of Australia (IEUA) and the National Tertiary Education Union (NTEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2019. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UOWC Ltd t/a UOW College Australia sought approval of its 2019 Teachers Enterprise Agreement with the relevant union. The application was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of ensuring employees were not disadvantaged in relation to their terms and conditions of employment and that the agreement was genuinely negotiated. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions and if it was in the interests of the employees.

The Commission examined the processes by which the agreement was negotiated and found that the process adhered to the statutory requirements. The Commission considered evidence from both parties and assessed whether the agreement provided for fair and reasonable terms and conditions. It was noted that the agreement contained provisions for wages, working conditions, and other employment terms which were consistent with industry standards and practices. The Commission also found that the agreement did not disadvantage employees and was in their best interests. The evidence presented indicated that the agreement had been genuinely negotiated between the employer and the union, with input from the employees.

In light of the evidence and the findings, the Fair Work Commission approved the UOWC Ltd Teachers Enterprise Agreement 2019. The Commission was satisfied that the agreement met the legal requirements and was in the best interests of the employees. The agreement was therefore approved and will apply to the relevant employees from the specified commencement date. The Commission's decision ensures that the terms and conditions of employment for the teachers at UOWC Ltd are fairly negotiated and in line with the provisions of the Fair Work Act 2009.

UOWC LTD T/A UOW College Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established