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[11]
austlii:cth/FWCA/2026/811
General information, not legal advice.
FWCA
2026-03-30
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on Monday, 30 March 2026.
The catchwords have been updated to read 'Application for the approval of the UTS College Academic English Teachers Enterprise Agreement 2026-2029', as they previously read 'Application for the approval of the UTS College English Language Teachers Enterprise Agreement'.
s.185 - Application for approval of a single-enterprise agreement
UTS COLLEGE ACADEMIC ENGLISH TEACHERS ENTERPRISE AGREEMENT 2026-2029
Application for approval of the UTS College Academic English Teachers Enterprise Agreement 2026-2029
[1] UTS College Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the UTS College Academic English Teachers Enterprise Agreement 2026-2029 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declarations, 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] Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[4] Pursuant to s.202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[5] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act; however, the clause is more restrictive and thus less favourable than the workplace delegates' rights term in the applicable award. Accordingly, under s 205A(2) of the Act, Clause 28A of the Educational Services (Post-Secondary Education) Award 2020 is taken to be a term of the Agreement.
[6] The Independent Education Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
[7] The Agreement was approved on 30 March 2026 and, in accordance with s 54, will operate from 6 April 2026. The nominal expiry date of the Agreement is 1 February 2029.
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