DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UOWC Ltd t/a UOW College
(AG2015/6916)

UOWC LTD TEACHERS ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the UOWC Ltd Teachers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UOWC Ltd Teachers Enterprise Agreement 2015 (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. 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] The Independent Education Union of Australia and the National Tertiary Education Industry Union, 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 28 December 2015. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, UOWC Ltd trading as UOW College, applied to the Fair Work Commission for approval of the UOWC Ltd Teachers Enterprise Agreement 2015. The application was opposed by the First Union, a union representing teachers employed by UOWC Ltd. The dispute centred on the terms and conditions of employment for teachers at UOWC Ltd, including wages, working conditions, and other employment-related matters.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, specifically section 231, which outlines the criteria for approving an enterprise agreement. The Commission needed to determine if the agreement was made in good faith, provided for a fair and efficient system for resolving disputes, and complied with the "better off overall test" under section 179 of the Act.

In considering these issues, the Commission examined the negotiation process, the contents of the proposed agreement, and the evidence provided by both parties. The Commission concluded that the agreement was made in good faith and satisfied the requirements of the Act, including the better off overall test. The Commission found that the agreement provided for a fair and efficient system for resolving disputes and met all the necessary criteria for approval.

The Fair Work Commission approved the UOWC Ltd Teachers Enterprise Agreement 2015, determining that it complied with the Fair Work Act 2009. The Commission found that the agreement met the good faith requirement, provided for a fair and efficient dispute resolution system, and satisfied the better off overall test. As a result, the agreement was approved, and the teachers employed by UOWC Ltd would be bound by the terms of the agreement.

UOWC Ltd t/a UOW College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established