DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UWS Enterprises Pty Ltd T/A Western Sydney University, The College
(AG2016/6807)

WESTERN SYDNEY UNIVERSITY, THE COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 29 DECEMBER 2016

Application for approval of the Western Sydney University, The College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Western Sydney University, The College Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UWS Enterprises Pty Ltd T/A Western Sydney University, The 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Independent Education Union of Australia, CPSU, the Community and Public Sector Union and National Tertiary Education Industry Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 2017. The nominal expiry date of the Agreement is 4 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, UWS Enterprises Pty Ltd trading as Western Sydney University, The College, applied to the Fair Work Commission for approval of the Western Sydney University, The College Enterprise Agreement 2016. The respondent, the Tertiary Education Union of Australia, opposed the approval of the agreement. The nature of the dispute centred around various provisions within the agreement, particularly those concerning pay rates, conditions of employment, and the classification of employees.

The legal issues before the court involved the interpretation and compliance of the agreement with the applicable provisions of the Fair Work Act 2009. The court was required to determine whether the agreement met the requirements for approval under the Act, specifically whether it provided for fair and reasonable terms and conditions of employment. This included examining if the agreement ensured fair treatment of employees, provided adequate remuneration, and maintained a balance between the interests of employers and employees.

The court examined the provisions of the agreement and found that while the agreement contained some terms that were not in compliance with the Fair Work Act, the overall agreement did not significantly prejudice the employees. The court considered the context of the enterprise, the negotiations process, and the overall fairness of the agreement. It concluded that the agreement, despite its imperfections, was in the best interests of the employees and provided a fair and reasonable outcome. The court approved the agreement with certain modifications to address the non-compliant provisions.

The final orders included the approval of the Western Sydney University, The College Enterprise Agreement 2016, subject to the modifications made by the court. These modifications were aimed at ensuring compliance with the Fair Work Act and protecting the interests of the employees. The court's decision highlighted the importance of achieving a balance between the rights of employers and employees in enterprise agreements.

UWS Enterprises Pty Ltd T/A Western Sydney University, The College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established