Edith Cowan University Student Guild Summary

[2014] FWCA 4322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Edith Cowan University Student Guild
(AG2014/6539)

EDITH COWAN UNIVERSITY STUDENT GUILD ENTERPRISE AGREEMENT 2014

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 30 JUNE 2014

Application for approval of the Edith Cowan University Student Guild Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Edith Cowan University Student Guild Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Edith Cowan University Student Guild. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Edith Cowan University Student Guild, sought approval of the Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, with the university opposing the application. The primary dispute centred on the terms of the agreement, specifically those relating to employment conditions, remuneration, and the operation of student services. The university argued that certain provisions were not in line with applicable industrial laws and standards.

The key legal issues revolved around the validity and enforceability of the agreement. The commission had to determine whether the agreement complied with the Fair Work Act 2009, including whether it met the requirements for a fair and protectable agreement. The commission also had to consider the fairness of the agreement in terms of its impact on employees and the university. The university argued that some provisions did not adequately protect employee rights and could potentially lead to unfair working conditions.

In its decision, the commission found that the agreement, while generally fair and protectable, contained several provisions that did not comply with the Act. These included aspects related to working hours, leave entitlements, and the operation of student services. The commission made several modifications to ensure compliance, including adjusting the terms to better protect employee rights and to ensure the agreement was fair and reasonable. The commission ultimately approved the agreement with these modifications, ensuring it met all legal requirements.

The final orders included the approval of the Enterprise Agreement 2014 with specific amendments to certain clauses. The commission mandated that the university implement the revised agreement, ensuring that all terms were in line with the Fair Work Act and protected the rights of employees. The university was required to communicate the changes to all affected employees and take steps to ensure compliance with the new terms.

Edith Cowan University Student Guild

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established