DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Curtin Student Guild
(AG2015/6945)

CURTIN STUDENT GUILD EMPLOYEE COLLECTIVE AGREEMENT 2016 - 2019

Educational services
COMMISSIONER ROE	MELBOURNE, 29 JANUARY 2016

Application for approval of the Curtin Student Guild Employee Collective Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Curtin Student Guild Employee Collective Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Curtin Student Guild. 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] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 29 January 2016 and, in accordance with s.54, will operate from 5 February 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Curtin Student Guild, the applicant, sought approval of the Curtin Student Guild Employee Collective Agreement 2016-2019 from the Fair Work Commission, with the Curtin University, the respondent, objecting to the application. The nature of the dispute was centred around the fairness and appropriateness of the terms and conditions outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement was consistent with the relevant labour laws and if it was fair and reasonable in all its aspects.

The central legal issue before the Commission was whether the proposed agreement adhered to the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to examine if the agreement contained all the mandated minimum terms and conditions, and if it was consistent with the overarching objectives of the Act, including the protection of employees' rights and the promotion of workplace harmony. Additionally, the Commission had to assess whether the agreement provided a fair and reasonable outcome for all parties involved.

The Fair Work Commission examined the proposed agreement clause by clause, considering the statutory minimum terms and the specific circumstances of the Curtin Student Guild. The Commission found that the agreement contained all the mandated minimum terms and conditions, and was consistent with the objectives of the Fair Work Act. The Commission also considered the evidence presented by both parties and concluded that the agreement was fair and reasonable in all its aspects. Consequently, the Commission approved the Curtin Student Guild Employee Collective Agreement 2016-2019.

The Fair Work Commission's final order was the approval of the Curtin Student Guild Employee Collective Agreement 2016-2019. The Commission determined that the agreement met all the statutory requirements under the Fair Work Act 2009, and provided a fair and reasonable outcome for all parties involved. The Curtin Student Guild was granted the approval it sought, while Curtin University's objections were dismissed. This decision reinforced the importance of ensuring that collective agreements comply with labour laws and protect the rights of employees.

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