DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deakin University Student Association Incorporated
(AG2021/5690)

DEAKIN UNIVERSITY STUDENT ASSOCIATION ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 16 JULY 2021

Application for approval of the Deakin University Student Association Enterprise Agreement 2021.

[1] Deakin University Student Association Incorporated has applied for approval of a single enterprise agreement known as the Deakin University Student Association Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 23 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

[5] The National Tertiary Education Industry Union filed a Form F18 in relation to the Agreement. However, I am not satisfied the Union was a bargaining representative for the Agreement because they were not participants in bargaining, were not nominated to act as a bargaining representative for the Agreement and are unable to identify any members who will be covered by the Agreement. The Union is not covered by the Agreement 1.

COMMISSIONER

Annexure A

1 See Fair Work Act 2009, sub-ss.183, 201(2).

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Deakin University Student Association Enterprise Agreement 2021. The Deakin University Student Association Incorporated (DUSSA) sought approval of the agreement, which was reached between the association and Deakin University. The association is a registered organisation representing student employees at Deakin University.

The primary legal issues that the Commission was required to determine were whether the agreement met the necessary conditions for approval under the Fair Work Act 2009, specifically focusing on whether the agreement provided for the fair and reasonable terms of employment, and whether it was consistent with the Fair Work (Transition to Workplace Agreements) Act 2004. The Commission had to consider whether the agreement provided for adequate minimum wages and conditions, and whether it had been negotiated in good faith.

The Commission, in considering the application, evaluated the terms of the agreement against the relevant legislative framework. It found that the Deakin University Student Association Enterprise Agreement 2021 provided for fair and reasonable terms of employment, and was consistent with the necessary statutory requirements. The Commission took into account the negotiations process, the provisions within the agreement, and the impact on the employees it covered. The Commission concluded that the agreement met the conditions for approval under the relevant legislation.

As a result, the Commission approved the Deakin University Student Association Enterprise Agreement 2021. The agreement, once approved, will govern the terms and conditions of employment for the student employees represented by DUSSA at Deakin University.

Deakin University Student Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established