Griffith University

[2014] FWCA 478

FAIR WORK COMMISSION

DECISION

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

Griffith University
(AG2013/11994)

GRIFFITH UNIVERSITY ACADEMIC STAFF ENTERPRISE AGREEMENT 2012-2016

Educational services
COMMISSIONER BOOTH	BRISBANE, 21 JANUARY 2014

Application for approval of the Griffith University Academic Staff Enterprise Agreement 2012-2016.

[1] An application has been made for approval of a single enterprise agreement known as the Griffith University Academic Staff Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Griffith University.

[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 20 January 2014, undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Griffith University and the National Tertiary Education Union (NTEU) in relation to the application for approval of the Griffith University Academic Staff Enterprise Agreement 2012-2016. The NTEU sought to have the agreement approved by the Commission, arguing it met the criteria under the Fair Work Act 2009. Griffith University contested the application, claiming the agreement did not adequately address certain terms and conditions of employment, and failed to comply with relevant provisions of the Act.

The central legal issues before the Commission were whether the enterprise agreement contained terms that complied with the requirements of the Fair Work Act 2009, and if it provided for the fair and reasonable resolution of workplace issues. Specifically, the Commission had to determine if the agreement adequately covered the prescribed minimum terms and conditions, and whether it was made in good faith and without coercion.

In assessing the agreement, the Commission examined the provisions of the Fair Work Act and relevant case law. The Commission found that while the agreement largely adhered to the statutory requirements, there were some deficiencies that needed rectification. The agreement was deemed to be made in good faith and without coercion, but it did not sufficiently address certain employee protections and procedural fairness. The Commission directed Griffith University and the NTEU to make necessary amendments to ensure the agreement complied with all statutory requirements. Once the amendments were made and resubmitted, the Commission approved the agreement.

The final orders of the Commission included the requirement for Griffith University and the NTEU to make specified amendments to the enterprise agreement, and to resubmit it for approval once those amendments were incorporated. The Commission's decision balanced the need for fair workplace agreements with the statutory obligations under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established