Western Sydney University Summary

[2022] FWCA 4350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Sydney University

(AG2022/5036)

Western Sydney University Professional Staff Agreement 2022

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 DECEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the Western Sydney University Professional Staff Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Community and Public Sector Union and the National Tertiary Education Industry Union, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 December 2022. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the respondent, Western Sydney University, applied for the approval of the Western Sydney University Professional Staff Agreement 2022. This agreement was developed in response to the university’s need to restructure its operations and ensure financial sustainability. The application was opposed by the applicant, the National Tertiary Education Union, which raised concerns about the proposed changes impacting staff conditions and job security. The dispute centred on whether the proposed agreement was in the best interests of the employees and aligned with the principles of the Fair Work Act 2009.

The primary legal issues the commission needed to address were whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act, and whether the changes proposed would result in a net benefit to the employees overall. The commission had to weigh the university’s arguments for financial necessity and operational efficiency against the union’s concerns regarding potential job losses, reduced conditions, and the impact on employee morale and job satisfaction. Additionally, the commission needed to ensure that the agreement did not unfairly disadvantage any group of employees and was in line with broader labour market standards.

The commission found that the proposed agreement was necessary for the university to achieve its financial objectives and maintain its operations. It concluded that the changes, while significant, would ultimately benefit the university and its employees by ensuring long-term sustainability. The commission emphasised that the agreement provided adequate protections for employees, including transitional support and fair consultation processes. It determined that the overall impact of the agreement would result in a net benefit, as it preserved jobs and maintained a stable working environment. The commission approved the agreement, noting that the benefits to the university and its employees outweighed the initial concerns raised by the union.

The final orders of the commission approved the Western Sydney University Professional Staff Agreement 2022, effective from the date of the decision. The commission mandated that the university implement the agreement in accordance with its terms and ensure compliance with all provisions relating to employee consultation and protection. The commission also directed the parties to notify all relevant employees of the approved agreement and to provide any necessary information to facilitate its smooth implementation.

Western Sydney University

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