DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Griffith University
(AG2018/1799)

GRIFFITH UNIVERSITY ACADEMIC STAFF ENTERPRISE AGREEMENT 2017-2021

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Griffith University Academic Staff Enterprise Agreement 2017-2021.

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Tertiary Education Industry Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Griffith University and the Griffith University Academic Staff Association. The dispute was over the approval of the Griffith University Academic Staff Enterprise Agreement 2017-2021. The case was heard by the Fair Work Commission. The legal issues that the court had to decide were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court found that the agreement did meet the requirements of the Fair Work Act 2009. It was noted that the agreement contained all the necessary minimum terms and conditions, and that the process by which it was negotiated and agreed upon was fair and reasonable. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, working conditions, and dispute resolution. The court approved the agreement, stating that it was satisfied that it was fair and reasonable, and that it would provide for the fair and efficient operation of the university.

The final orders of the court were that the Griffith University Academic Staff Enterprise Agreement 2017-2021 be approved, and that it be registered with the Fair Work Commission. The agreement was to come into effect on the first day of the month following its registration, and would remain in force until the end of the agreed period, unless terminated earlier in accordance with its provisions. The court noted that the agreement provided for a fair and reasonable framework for the employment of academic staff at Griffith University, and that it was in the best interests of both the university and its 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