ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – parties covered by the UNSW Australia (Academic Staff) Enterprise Agreement 2015 (Agreement) – issue of whether Agreement permits applicant to advertise roles for ‘teaching focussed academics’, engage such staff for a defined period, or allocate teaching focused duties to academic staff (with agreement) – applicant submitted nothing in Agreement expressly prohibits engagement of academic staff in teaching focussed roles – respondent submitted a teaching focussed position is not a type of appointment stipulated in the Agreement and is inconsistent with the terms of the Agreement – submitted the Agreement requires applicant to employ staff on terms that correspond to the types of appointment – construction of Agreement – Golden Cockerel applied – Commission concluded Agreement and clauses relevant to dispute had plain meaning and were not ambiguous – satisfied objective intention of parties to Agreement was for it to operate as a code, providing predictability and certainty about types of employment – rejected applicant’s submission that because the Agreement does not say it cannot engage teaching focused academics as a condition of appointment, it is able to do so – found the only basis upon which applicant can engage teaching focussed academics is where an employee has already been employed in a category of employment provided for in the Agreement and then agreed to a teaching focussed position for a defined period – dispute determined. The University of New South Wales t/a UNSW Australia v National Tertiary Education Industry Union
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