DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Curtin Student Guild
(AG2019/3768)

CURTIN STUDENT GUILD EMPLOYEE COLLECTIVE AGREEMENT 2020-2022

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 NOVEMBER 2019

Approved with undertakings Application for approval of the Curtin Student Guild Employee Collective Agreement 2020 - 2022.

[1] The Curtin Student Guild has made an application for the approval of an enterprise agreement known as the Curtin Student Guild Employee Collective Agreement 2020 - 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 6 November 2019 and, in accordance with s 54, will operate from 1 January 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Curtin Student Guild sought approval of their Employee Collective Agreement 2020-2022, with the Fair Work Commission (FWC). The Curtin Student Guild is an unincorporated association that provides student services at Curtin University. The dispute arose as Curtin Student Guild wanted to implement the agreement, which included terms regarding casual employment, pay rates, and other working conditions. The FWC had to decide whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding whether it complied with the Good Faith Bargaining provisions.

The central legal issue was whether the Curtin Student Guild Employee Collective Agreement 2020-2022 complied with the Fair Work Act, and specifically, whether the agreement was made in good faith as required by section 176 of the Act. The FWC examined the evidence presented by both parties, including the bargaining history and the terms of the agreement, to determine if the agreement was made in good faith. The FWC also had to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, and whether it provided for the rights and obligations of employees and employers.

The FWC found that the Curtin Student Guild Employee Collective Agreement 2020-2022 was made in good faith and complied with the Fair Work Act. The FWC noted that the Curtin Student Guild had engaged in genuine bargaining with the representatives of the employees, and that the agreement reflected the outcomes of those negotiations. The FWC also found that the agreement provided for the rights and obligations of employees and employers, and was consistent with the Fair Work (Registered Organisations) Act 2009. The FWC approved the Curtin Student Guild Employee Collective Agreement 2020-2022 with some undertakings to address minor issues, such as clarifying certain provisions and ensuring compliance with the National Employment Standards.

The FWC approved the Curtin Student Guild Employee Collective Agreement 2020-2022, with certain undertakings to address minor issues. The Curtin Student Guild may now implement the agreement, subject to the conditions set out in the FWC's decision. The agreement provides for the terms and conditions of employment for employees of the Curtin Student Guild, including pay rates, working hours, and other employment-related matters. The Curtin Student Guild and its employees may now rely on the terms of the agreement for their employment arrangements, subject to any further orders made by the FWC in relation to the undertakings.

Curtin Student Guild

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established