DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deakin University Student Association
(AG2016/2536)

DEAKIN UNIVERSITY STUDENT ASSOCIATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 20 APRIL 2016

Application for approval of the Deakin University Student Association Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Deakin University Student Association Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deakin University Student Association. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Tertiary Education Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 27 April 2016. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Deakin University Student Association sought approval for their 2015 Enterprise Agreement from the Fair Work Commission. The agreement was intended to govern the employment terms and conditions for employees of the university. The primary issue before the Commission was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement complied with the 'better off overall test', ensuring that employees were no worse off financially than they would be under the applicable awards.

The Deakin University Student Association argued that the proposed agreement provided for a fair and reasonable remuneration package, along with improved working conditions. The university, however, contended that certain provisions of the agreement would place undue financial strain on the institution and compromise its operational integrity. The Commission's task was to weigh these contentions carefully, ensuring that the agreement struck a fair balance between the interests of the employees and the university's capacity to sustain its academic and operational missions.

Upon thorough review, the Commission determined that the Deakin University Student Association Enterprise Agreement 2015 did indeed meet the criteria for approval. The Commission found that the agreement provided employees with reasonable remuneration and conditions that were at least as good as, if not better than, those available under the relevant awards. The Commission also noted that the agreement included provisions that would enhance productivity and job satisfaction, which would ultimately benefit the university. Therefore, the Commission approved the agreement, recognising its potential to foster a more harmonious and productive workplace.

Deakin University Student Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established