Western Sydney University Enterprises Pty Limited T/A Western Sydney University The College

[2022] FWCA 4119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Sydney University Enterprises Pty Limited T/A Western Sydney University The College

(AG2022/4675)

Western Sydney University The College Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 24 NOVEMBER 2022

Application for approval of the Western Sydney University The College Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Western Sydney University The College Enterprise Agreement 2022 (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 Enterprises Pty Limited T/A Western Sydney University The College (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

The flexibility and consultation terms in the Agreement do not meet the requirements of s.203 and s.205(1A) of the Act. Pursuant to s.202(4) and s.205(2) of the Act, the model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

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.

The Independent Education Union of Australia and the National Tertiary Education Industry Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Western Sydney University Enterprises Pty Limited trading as Western Sydney University The College, applied to the Fair Work Commission for the approval of the Western Sydney University The College Enterprise Agreement 2022. The application was made pursuant to section 230 of the Fair Work Act 2009, seeking the Commission's determination that the agreement complies with the procedural and substantive requirements of the Act. The nature of the dispute involved the terms and conditions of employment for academic staff within the institution, and whether the proposed agreement met the legal standards for approval.

The central legal issues the Commission had to address were whether the agreement had been fairly and properly negotiated and whether it complied with the relevant provisions of the Fair Work Act. This included assessing if the agreement contained only matters that were negotiable and if it met the good faith bargaining requirement. Additionally, the Commission had to ensure that the agreement did not adversely affect employees' safety and health and that it adhered to the public interest.

In considering these issues, the Commission examined the negotiation process and the content of the agreement. The Commission found that the negotiation process was conducted in good faith and that the agreement contained only negotiable matters. Furthermore, it was determined that the agreement did not adversely affect employees' safety and health and that it was in the public interest. After carefully reviewing the evidence and submissions, the Commission concluded that the agreement complied with the statutory requirements and approved it.

The Fair Work Commission approved the Western Sydney University The College Enterprise Agreement 2022, recognising it as a valid agreement under the Fair Work Act. This decision was made on the basis that the agreement was the product of good faith bargaining, contained only negotiable matters, did not compromise employee safety and health, and aligned with the public interest. The approval of the agreement ensures that the terms and conditions of employment for academic staff are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established