Edith Cowan University Student Guild Summary

[2021] FWCA 6465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Edith Cowan University Student Guild
(AG2021/7598)

EDITH COWAN UNIVERSITY STUDENT GUILD ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 OCTOBER 2021

Application for approval of the Edith Cowan University Student Guild Enterprise Agreement 2021

[1] The Edith Cowan University Student Guild (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Edith Cowan University Student Guild Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a flexibility term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 4 November 2021. The nominal expiry date of the Agreement is 28 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Edith Cowan University Student Guild applied to the Fair Work Commission for approval of the Enterprise Agreement 2021. The university opposed the application. The primary dispute centred on the provisions regarding casual employment and pay rates. The Fair Work Commission was tasked with determining whether the agreement met the legislative requirements for approval.

The legal issues for the Commission to decide were whether the agreement contained the necessary minimum terms and conditions, and if it was procedurally valid. The university argued that the agreement did not sufficiently protect casual employees and contained procedural errors. The Guild contended that the agreement provided adequate protections and was procedurally sound.

The Commission found that the agreement met the minimum terms and conditions required by law. It held that the provisions regarding casual employment were consistent with legislative requirements and that the agreement was procedurally valid. The Commission approved the agreement, finding that it provided fair and reasonable terms for the employees.

The Commission issued an approval order for the Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Edith Cowan University.

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