Western Sydney University International College Pty Ltd

[2022] FWCA 3412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Sydney University International College Pty Ltd

(AG2022/3844)

Western Sydney University International College Enterprise Agreement 2022 - 2025

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 OCTOBER 2022

Application for approval of the Western Sydney University International College Enterprise Agreement 2022 – 2025

An application has been made for approval of an enterprise agreement known as the Western Sydney University International College Enterprise Agreement 2022 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Western Sydney University International College Pty Ltd, an educational institution, sought approval for an Enterprise Agreement spanning from 2022 to 2025. The dispute involved the terms and conditions of employment for the college's staff, which included provisions related to wages, working hours, and other employment-related matters. The case was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement was in the public interest and complied with the Fair Work Act 2009. This required a careful examination of the agreement's provisions to ensure they adhered to the legislative framework governing industrial relations in Australia. Specifically, the Commission needed to determine whether the agreement provided fair and reasonable terms for both the employees and the employer, and whether it met the necessary requirements for approval under the Act.

The Fair Work Commission found that the proposed Enterprise Agreement met the requirements for approval. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees and the employer, and that it was in the public interest. The Commission noted that the agreement provided for a structured wage progression, reasonable working hours, and other employment-related provisions that were consistent with the Fair Work Act. As such, the Commission approved the Enterprise Agreement for the period from 2022 to 2025.

The Commission's decision was based on a detailed analysis of the agreement's provisions and a consideration of the relevant legal framework. The Commission found that the agreement met the necessary requirements for approval and was in the public interest. As a result, the Enterprise Agreement was approved, providing a framework for the employment terms and conditions of the college's staff for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established