Curtin Student Guild Summary

[2022] FWCA 3923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Curtin Student Guild

(AG2022/4416)

Curtin Student Guild Employee Collective Agreement 2023 – 2025

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 NOVEMBER 2022

Application for approval of the Curtin Student Guild Employee Collective Agreement 2023 – 2025.

An application has been made for approval of an enterprise agreement known as the Curtin Student Guild Employee Collective Agreement 2023 – 2025 (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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

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 2023 – 2025. The application was before the Fair Work Commission. The Curtin Student Guild is an incorporated association representing the interests of students at Curtin University in Western Australia. The agreement in question was negotiated between the Curtin Student Guild and the Curtin University Enterprise Agreement 2018 – 2022 bargaining team. The legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act 2009 for approval, including whether it contained only matters that were bargainable, and whether it complied with the good faith bargaining obligations. The Commission found that the agreement met the statutory requirements for approval. It contained only bargainable matters, as defined by the Act, and the process of negotiation had been conducted in good faith. The Commission considered the evidence presented by both parties and was satisfied that the Curtin Student Guild had made genuine efforts to reach an agreement. The Commission approved the Curtin Student Guild Employee Collective Agreement 2023 – 2025, effective from 1 July 2023. The Curtin Student Guild was directed to provide a copy of the approved agreement to the university within seven days of the decision.

Curtin Student Guild

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established