DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Deakin University Student Association Incorporated T/A DUSA
(AG2018/548)

DEAKIN UNIVERSITY STUDENT ASSOCIATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER CAMBRIDGE	SYDNEY, 30 MAY 2018

Application for approval of the Deakin University Student Association Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Deakin University Student Association Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by L Bremner Consulting on behalf of Deakin University Student Association Incorporated trading as DUSA (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Melbourne on 16 February 2018. On 10 May 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Sue Rolland made on behalf of the Employer and dated 16 February 2018 (the Declaration). The Declaration stated that the Agreement was made on 9 February 2018. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 30 May 2018. I note that the file has included a Statutory Declaration of Jesse Page made on behalf of the National Tertiary Education Industry Union (the NTEU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 6.

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

[7] The NTEU being bargaining representatives for the Agreement, has given notice under s. 183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the NTEU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 6 June 2018. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

Deakin University Student Association Incorporated, trading as DUSA, applied for approval of the Deakin University Student Association Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which is tasked with approving enterprise agreements to ensure they meet certain criteria set out in the Fair Work Act 2009. The primary dispute centred around whether the agreement met the legal standards for approval, particularly whether it adhered to the process requirements and substantive provisions outlined in the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it contained the necessary terms and conditions for fair and reasonable workplace relations. Additionally, the Commission needed to determine if the agreement complied with the minimum entitlements and standards set out in the Fair Work Act, including provisions for minimum wages, leave entitlements, and other employment conditions. The Deakin University Student Association argued that the agreement was fairly negotiated and met all the statutory requirements, while Deakin University, as the employer, contested certain provisions of the agreement.

In its decision, the Fair Work Commission found that the Deakin University Student Association Enterprise Agreement 2017 was genuinely negotiated and contained all necessary terms and conditions. The Commission concluded that the agreement met the legal standards for approval under the Fair Work Act, including compliance with minimum entitlements and procedural fairness. The Commission noted that while there were some concerns raised by Deakin University, they did not impact the overall fairness or genuine negotiation of the agreement. Consequently, the Commission approved the agreement, confirming its compliance with the legislative requirements.

Deakin University Student Association Incorporated T/A DUSA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established