DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Sydney University International College Pty Limited
(AG2017/1417)

WESTERN SYDNEY UNIVERSITY INTERNATIONAL COLLEGE ENTERPRISE AGREEMENT 2017-2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 5 JULY 2017

Application for approval of the Western Sydney University International College Enterprise Agreement 2017-2019.

[1] On 21 April 2017, Western Sydney University International College Pty Limited (Applicant) made an application for approval of the Western Sydney University International College Enterprise Agreement 2017-2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 July 2017. The nominal expiry date of the Agreement is 12 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Western Sydney University International College Pty Limited sought approval of an Enterprise Agreement from the Fair Work Commission. The application concerned the terms and conditions of employment for the college’s academic staff. The Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements and was fair and reasonable.

The central legal issue was whether the agreement was procedurally and substantively sound. Procedurally, the court had to assess whether the bargaining process was conducted in good faith and whether appropriate steps were taken to ensure employee representation. Substantively, the court examined whether the terms of the agreement were fair and reasonable, considering the economic, social, and employment context.

The Fair Work Commission found that the bargaining process was conducted appropriately, with evidence of good faith and reasonable efforts to involve employees. It also determined that the terms of the agreement were fair and reasonable, taking into account various factors such as the educational context, the roles of the employees, and the overall economic conditions. The court approved the Enterprise Agreement, affirming its compliance with the necessary legal standards.

No further orders were required as the approval of the agreement was the primary relief sought.

Western Sydney University International College Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established