DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Sydney University
(AG2017/6468)

WESTERN SYDNEY UNIVERSITY ACADEMIC STAFF AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 8 MAY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Western Sydney University Academic 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Western Sydney University applied for approval of the Western Sydney University Academic Staff Agreement 2017. The applicant sought approval under the Fair Work Act 2009. The respondent, the Academic Staff Association, opposed the application on the basis that the agreement did not meet certain requirements under the Act.

The court was required to determine whether the agreement met the necessary criteria for approval, including whether it provided for a fair and efficient workplace and whether it was consistent with the principles of the National Employment Standards. The court also needed to consider whether the agreement complied with the requirements for fair and efficient bargaining and whether it provided for appropriate dispute resolution mechanisms.

The court found that the agreement met the necessary criteria for approval. It held that the agreement provided for a fair and efficient workplace, was consistent with the principles of the National Employment Standards, and complied with the requirements for fair and efficient bargaining. The court also found that the agreement provided for appropriate dispute resolution mechanisms. The court therefore approved the agreement.

The court made an order approving the Western Sydney University Academic Staff Agreement 2017. The agreement was to be registered with the Fair Work Commission and would be binding on all parties once registered. The court also ordered that the agreement would remain in effect until 31 December 2021 or until a new agreement was entered into by the 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