Application by The University of Newcastle
Citation: [2026] FWCA 2339
What happened
The University of Newcastle sought approval for its Professional Staff Enterprise Agreement 2026. The agreement is a single enterprise agreement. The National Tertiary Education Industry Union (NTEU) and the Community and Public Sector Union (CPSU) lodged declarations indicating their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved The University of Newcastle Professional Staff Enterprise Agreement 2026. The Commission confirmed that the more beneficial entitlements of the National Employment Standards (NES) would prevail in cases of inconsistency. The agreement will cover the NTEU and the CPSU and will operate from seven days after approval, expiring on 1 September 2029.
What it means for employers
Employers should ensure enterprise agreements comply with the Fair Work Act 2009 and the National Employment Standards. Agreements must clearly outline which entitlements take precedence in case of conflict.
What it means for employees
Employees should review enterprise agreements to understand their rights and entitlements. Unions can seek coverage under enterprise agreements, potentially improving working conditions.
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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