Application by Flinders University
Citation: [2026] FWC 2269
At a glance
- Employees affected
- 7
What happened
Flinders University applied to the Fair Work Commission seeking an order regarding which enterprise agreement would cover staff transferring from the University of Adelaide (now Adelaide University) to Flinders University, specifically those working at the Goyder Institute of Water Research. Seven staff members are involved; six currently employed by Adelaide University and covered by their Enterprise Agreement 2023 – 2025, and one employed by Flinders University. The transfer is due to occur on July 1, 2026, when Flinders University will manage the Institute. Adelaide University confirmed it did not object to the application.
What was decided
The Fair Work Commission granted Flinders University’s application. This means that the University of Adelaide Enterprise Agreement 2023 – 2025 will not cover the transferring employees, and the Flinders University Enterprise Agreement 2023 to 2026 will apply instead. The decision was based on the views of Flinders University and the affected employees who supported the application, and a lack of evidence suggesting any disadvantage to employees or negative impact on productivity. The Commission noted that Flinders University would ensure transferred employees receive at least the same pay rates as they currently do.
What it means for employers
Employers managing similar transitions should proactively consider enterprise agreement implications and engage with relevant unions and affected employees. Ensuring consistent terms and conditions for transferring staff can avoid complications and maintain productivity. Employers should also be prepared to provide assurances regarding employee entitlements during a transition.
What it means for employees
Employees facing a transfer of employment between entities covered by different enterprise agreements should understand their rights and engage with unions or the Fair Work Commission if concerns arise. The decision highlights that employees’ terms and conditions will generally be maintained during such transitions, and they may even benefit from improved entitlements.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →