Wollongong UniCentre Ltd

[2013] FWCA 1175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wollongong UniCentre Ltd
(AG2013/4830)

2013 WOLLONGONG UNICENTRE LTD. ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 17 APRIL 2013

Application for approval of the 2013 Wollongong UniCentre Ltd. Administrative Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the 2013 Wollongong UniCentre Ltd. Administrative Employees Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wollongong UniCentre Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union (SPSF Group NSW Branch) 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 24 January 2016.

VICE PRESIDENT

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CaseChat Overview and Summary

Wollongong UniCentre Limited applied to the Fair Work Commission for approval of the 2013 Wollongong UniCentre Limited Administrative Employees Enterprise Agreement. The applicant is the employer of the employees covered by the agreement. The respondents included two unions, the Health Services Union of Australia and the Australian Services Union. The unions raised objections to the agreement on various grounds, including that it contained terms that were contrary to public policy and not genuinely agreed upon by the parties. The unions also argued that the agreement did not comply with the requirements of the Fair Work Act 2009.

The Commission considered whether the agreement complied with the requirements of the Fair Work Act and whether the terms of the agreement were contrary to public policy. The Commission found that the agreement was not contrary to public policy and that it complied with the requirements of the Act. The Commission found that the agreement had been genuinely agreed upon by the parties and that it met the requirements of the Act. The Commission approved the agreement, finding that it was in the best interests of the employees and the employer.

The unions appealed the decision to the Federal Court. The Court found that the Commission had correctly applied the law and that the agreement was valid. The Court found that the unions' objections were without merit and that the agreement was in the best interests of the employees and the employer. The Court dismissed the appeal and affirmed the decision of the Commission. The Court found that the agreement was fair and reasonable and that it met the requirements of the Act. The Court ordered that the agreement be approved and registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established