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

[2022] FWCA 4119

[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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

<AE518291  PR748239>

Annexure A