DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Sydney University
(AG2017/6456)

WESTERN SYDNEY UNIVERSITY PROFESSIONAL STAFF AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 25 MAY 2018

Application for approval of the Western Sydney University Professional Staff Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Western Sydney University Professional Staff Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Sydney University. 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 CPSU, the Community and Public Sector Union and the National Tertiary Education Industry 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Western Sydney University sought approval of the Western Sydney University Professional Staff Agreement 2017. The application was brought by the employer, Western Sydney University, and the respondents were the Australian Education Union Tertiary and Higher Education Branch and the National Tertiary Education Union. The nature of the dispute was whether the proposed agreement complied with the relevant industrial legislation and the principles of good faith bargaining. The matter was heard in the Fair Work Commission.

The primary legal issue the court needed to decide was whether the agreement met the statutory requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved assessing if the agreement was consistent with the principles of good faith bargaining and if it met the criteria for an enterprise agreement. The court also needed to consider if the agreement provided for fair and reasonable terms and conditions for the employees involved.

The Fair Work Commission determined that the proposed agreement was compliant with the statutory requirements and the principles of good faith bargaining. The court found that the agreement provided for fair and reasonable terms and conditions for the employees and met the criteria for an enterprise agreement. The Commission approved the application and authorised the agreement to commence on the specified date. The decision was based on a thorough examination of the evidence presented and a consideration of the relevant legislation and legal principles.

The final orders of the Commission included the approval of the Western Sydney University Professional Staff Agreement 2017, which was to commence on the date specified in the agreement. The agreement was to apply to all professional staff employed by the university, as defined in the agreement, and would remain in effect until it was varied or terminated in accordance with the Fair Work Act 2009. The Commission also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to the relevant parties.

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