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[2013] FWCA 6448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UOWC Ltd
(AG2013/2342)

UOWC LTD TEACHERS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the UOWC Limited Teachers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the UOWC Limited Teachers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the UOWC Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union Australia (NSW/ACT Branch) and the National Tertiary Education 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved UOWC Limited and the UOWC Limited Teachers Union. The union sought approval of the 2013 teachers enterprise agreement, which was to replace the existing agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The central legal issue was whether the agreement complied with the provisions of the Act, particularly the requirement for the agreement to be in good faith and to provide for a genuine enterprise bargaining process. The union argued that the agreement was the result of genuine negotiations and was in good faith, while UOWC Limited contended that the agreement failed to meet the statutory requirements.

The Commission examined the process through which the agreement was negotiated, the content of the agreement, and whether it complied with the provisions of the Act. The Commission found that the union had acted in good faith throughout the negotiations and that the agreement had been genuinely negotiated. The Commission also noted that the agreement contained provisions that were consistent with the principles of the Act, including provisions for fair and reasonable terms and conditions of employment. However, the Commission identified some minor deficiencies in the agreement, such as the absence of a specific clause regarding the protection of employees' personal information. Despite these deficiencies, the Commission was satisfied that the overall purpose and effect of the agreement was to provide for a genuine enterprise bargaining process.

The Fair Work Commission ultimately approved the agreement, subject to certain minor modifications to address the deficiencies identified during the review process. The Commission determined that the agreement met the requirements of the Act and was in the best interests of the employees and the employer. The Commission emphasised the importance of genuine enterprise bargaining and the need for agreements to be in good faith. The final orders included the approval of the agreement, subject to the modifications, and the setting aside of the previous enterprise agreement. The decision provided clarity for both parties regarding the requirements for a valid enterprise agreement and the role of the Commission in approving such agreements.

UOWC Ltd

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