DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of South Australia
(AG2019/2016)

UNIVERSITY OF SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Application for approval of the University of South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the University of South Australia Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by University of South Australia. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 June 2019.

[3] On 1 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] I was satisfied that despite the low voter turnout (which also occurred in respect of the 2011 and 2014 Agreements) the Agreement was genuinely agreed.

[5] The Applicant has submitted an undertaking in the required form dated 4 July 2019. The undertaking deals with the following topics:

•  Shift workers (as defined in the Higher Education Industry – General Staff Award (the Award) will be entitled to 5 weeks annual leave.

•  Clause 38.3(b) of the Agreement will not be enforced or relied upon.

•  Despite Clauses 38.3(a) and 38.3(d) of the Agreement, employees will receive at least the rate of pay that they would have received had the Award applied, including any relevant Award overtime rate.

[6] The “National Tertiary Education Industry Union (NTEU)” and the “Community and Public Sector Union, the Community and Public Sector Union (SU)” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504380 R710197>