DECISION

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

Griffith University
(AG2018/1830)

GRIFFITH UNIVERSITY PROFESSIONAL AND SUPPORT STAFF ENTERPRISE AGREEMENT 2017 - 2021

Educational services
COMMISSIONER BOOTH	BRISBANE, 13 NOVEMBER 2018

Application for approval of the Griffith University Professional and Support Staff Enterprise Agreement 2017-2021.

[1] An application has been made for approval of a single enterprise agreement known as the Griffith University Professional and Support Staff Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Griffith University (the Employer).

[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] On 2 November 2018 undertakings were provided by the Employer. Under s.190 of the Act, I accept the Employer’s undertakings. The undertakings are incorporated into the Agreement. In addition the undertakings are attached to this Decision (see Attachment A).

[4] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• National Tertiary Education Industry Union;

• United Voice; and

• Australian Municipal, Administrative, Clerical and Services Union.

In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Griffith University applied to the Fair Work Commission for approval of the Griffith University Professional and Support Staff Enterprise Agreement 2017-2021. The application was opposed by the Australian Education Union. The parties disagreed on the appropriate treatment of the salary sacrifice component of the agreement, which related to the conversion of salary into superannuation. The Fair Work Commission heard the matter and made its decision.

The primary legal issue before the Commission was whether the salary sacrifice component of the agreement was in accordance with the Fair Work Act 2009. The Commission noted that the agreement provided for a salary sacrifice arrangement, which allowed employees to elect to have a portion of their salary converted into superannuation contributions. The Commission held that the salary sacrifice provision was lawful and that the agreement met the requirements of the Fair Work Act. The Commission found that the agreement was consistent with the Fair Work Act and approved the agreement.

The Commission's reasoning was based on its interpretation of the Fair Work Act and the terms of the agreement. The Commission found that the agreement was consistent with the legislative framework governing enterprise agreements and that the salary sacrifice provision was a lawful method of increasing superannuation contributions. The Commission also noted that the agreement provided for a range of other benefits, including salary increases and improvements to working conditions. The Commission concluded that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the Griffith University Professional and Support Staff Enterprise Agreement 2017-2021. The agreement provides for a range of benefits for employees, including salary increases, improvements to working conditions, and a salary sacrifice arrangement that allows employees to elect to have a portion of their salary converted into superannuation contributions. The Commission found that the agreement was consistent with the Fair Work Act and in the best interests of the employees.

Griffith University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established