Western Sydney University Summary

[2022] FWCA 4369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Sydney University

(AG2022/5027)

Western Sydney University Academic Staff Agreement 2022

Educational services
COMMISSIONER MCKINNON	SYDNEY, 12 DECEMBER 2022

Application for approval of the Western Sydney University Academic Staff Agreement 2022

Western Sydney University has applied for approval of a single enterprise agreement known as the Western Sydney University Academic Staff Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 19 December 2022. The nominal expiry date of the Agreement is 1 March 2025.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the National Tertiary Education Industry Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Western Sydney University applied to the Fair Work Commission for approval of the Western Sydney University Academic Staff Agreement 2022. The applicant sought the agreement to cover academic staff employed by the university and be registered by the Commission for a period of four years. The application was made pursuant to the Fair Work Act 2009. The application was opposed by the Tertiary Education Union of Australia, the Professional Association of Teachers (Higher Education) and the National Tertiary Education Union.

The central legal issue for the Commission was whether the agreement promoted harmonious, productive and cooperative workplace relationships. The applicant argued that the agreement contained a number of provisions that would support these relationships. The applicant submitted that the agreement promoted cooperative behaviour and encouraged the parties to work together to resolve workplace issues. The applicant also submitted that the agreement contained a number of processes and mechanisms to support harmonious and productive workplace relationships. The respondent unions argued that the agreement did not promote harmonious, productive and cooperative workplace relationships. The unions submitted that the agreement did not adequately address the issue of academic freedom and that it contained a number of provisions that were contrary to the principles of cooperative behaviour.

The Commission found that the agreement contained a number of provisions that promoted harmonious, productive and cooperative workplace relationships. The Commission found that the agreement contained a number of processes and mechanisms to support these relationships. The Commission found that the agreement contained a number of provisions that encouraged the parties to work together to resolve workplace issues. The Commission also found that the agreement contained a number of provisions that supported academic freedom. The Commission accepted that the agreement contained some provisions that were contrary to the principles of cooperative behaviour, but found that these provisions were outweighed by the provisions that promoted harmonious, productive and cooperative workplace relationships. The Commission approved the agreement for a period of four years.

The Commission made orders approving the agreement for a period of four years and registering the agreement with the Commission. The orders also provided that the agreement would commence on the first day of the fourth year of the agreement. The orders also provided that the agreement would be binding on the parties for the duration of the agreement.

Western Sydney University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established