DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Western Sydney University
(AG2020/1772)

WESTERN SYDNEY UNIVERSITY ACADEMIC STAFF AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 3 JULY 2020

Application for variation of the Western Sydney University Academic Staff Agreement 2017.

[1] An application has been made for approval of a variation to the Western Sydney University Academic Staff Agreement 2017 (the Agreement). The application was made by Western Sydney University pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 3 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Western Sydney University was the subject of an application before the Fair Work Commission concerning the variation of the Western Sydney University Academic Staff Agreement 2017. The applicant, the university, sought to alter the agreement to address specific issues related to the academic staff's terms and conditions of employment. The dispute centred on the procedural fairness of the agreement and the university's ability to implement the proposed changes.

The central legal issues before the commission involved the interpretation of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The university needed to establish that it had followed the correct procedures in proposing the changes and that the variations were necessary and reasonable. Furthermore, the commission had to consider whether the proposed changes would negatively impact the academic staff's rights and protections under the relevant industrial instruments.

The commission found that the university had adequately followed the procedural requirements set out in the legislation. It determined that the proposed changes were necessary and reasonable, given the financial constraints and operational challenges faced by the university. The commission also concluded that the variations would not adversely affect the academic staff's rights and protections. As a result, the application for the variation of the agreement was approved, and the proposed changes were implemented.

The commission ordered that the Western Sydney University Academic Staff Agreement 2017 be varied as per the terms and conditions set out in the university's application. This decision allowed the university to implement the necessary changes to address the identified issues while ensuring that the rights and protections of the academic staff were maintained.

Western Sydney University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established