Outcome of Fair Work hearing

Late last week the Fair Work Commission handed down a decision on an application made by the National Tertiary Education Union (NTEU) to resolve a dispute on the university’s handling of the Academic Change Proposal (ACP) process.

The Commission dismissed the NTEU’s application in full and this resolves all issues raised by the NTEU on a final basis.

The NTEU alleged, among other matters, that the consultation process for the ACP was not genuine. The NTEU had sought multiple orders, including:

1. The withdrawal of the current ACP, and the re-issuing of a new ACP; and
2. An order restraining UTS from seeking expressions of interest in voluntary separation.

Key findings from the Fair Work Commission include:

• UTS has complied with its consultation obligations.
  UTS had provided adequate explanation of why change was necessary (including operating deficits and required cash reserves).
  Financial implications are not yet knowable (e.g., future redundancy costs) are not required.
• EDI commitments and mitigation strategies were addressed to the extent possible pre-implementation.
• No reports relevant to the decision-making process were missing.
  Organisational charts provided were sufficient.
• Formal voluntary separation applications under clause 54 will only occur once the implementation phase begins.

The full decision can be found here.

The feedback from consultation continues to inform our decisions and shape the Change Implementation Plans. Information on release of the Academic Change Implementation Plan and progress of the Operating Model Change will be provided in the next 2 weeks. As advised at the end of last year, the Academic Change Plan is scheduled for release in mid-February.

We look forward to continuing to work constructively with both unions as we progress the implementation of the Academic Change process, and we remain committed to maintaining compliance and building trust as the processes supporting the Operating Model Change continue.

Thank you again for your ongoing work and commitment to UTS, to our students and our community. This is a very difficult period for everyone, and we encourage you to reach out to your manager or people partner if you need further advice. Support is also available through our Employee Assistance Program if you prefer.