Application by The University of Newcastle
Citation: [2026] FWCA 2335
What happened
The University of Newcastle sought approval for its Academic Staff and Teachers Enterprise Agreement 2026. The agreement is a single enterprise agreement covering academic staff and teachers. The National Tertiary Education Industry Union (NTEU) notified the Fair Work Commission of its desire for the agreement to cover it, as required by the Fair Work Act. The application was made under section 185 of the Fair Work Act.
What was decided
The Fair Work Commission approved The University of Newcastle Academic Staff and Teachers Enterprise Agreement 2026. The Commissioner found that the requirements of sections 186, 187, and 188 of the Fair Work Act were met. The agreement will operate from seven days after approval and expires on 1 September 2029. The NTEU is covered by the agreement, as per section 201(2) of the Fair Work Act. As per clause 3.1, entitlements under the National Employment Standards (NES) will prevail where there is an inconsistency.
What it means for employers
Employers should ensure enterprise agreements comply with the Fair Work Act and relevant sections regarding approval requirements and coverage. Agreements must also clearly outline how the NES will be considered in cases of inconsistency.
What it means for employees
Employees should be aware of their rights under the new enterprise agreement and how it interacts with the National Employment Standards. The NTEU will be covered by the agreement.
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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