Griffith University

[2023] FWCA 1304

[2023] FWCA 1304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Griffith University

(AG2022/5531)

GRIFFITH UNIVERSITY PROFESSIONAL AND SUPPORT STAFF ENTERPRISE AGREEMENT 2023 - 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 8 MAY 2023

Application for approval of the Griffith University Professional and Support Staff Enterprise Agreement 2023 - 2024

1. Griffith University (the Employer) has applied for approval of an enterprise agreement known as the Griffith University Professional and Support Staff Enterprise Agreement 2023-2024 (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. 

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer provided written undertakings. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.  

1. The National Tertiary Education Industry Union (NTEU) filed its Form F18, in which it raised a number of concerns that the Agreement was not genuinely agreed to, and the Agreement does not pass the Better Off Overall Test. The Employer provided a response to the NTEU’s concerns, and revised undertakings.

1. The application was listed for conference on 3 February 2023. Following the conference, the Employer and the NTEU engaged in further discussions. On 27 April 2023, the NTEU advised the Commission that it no longer pressed its objections to the approval of the Agreement having regard to the undertakings given by the Employer.

1. The Employer provided final revised undertakings on 4 May 2023. A copy of the undertakings is attached at Annexure A.

1. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The NTEU 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) of the Act I note that the Agreement covers the NTEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2023.  The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A – Undertakings