Griffith University Summary

[2023] FWCA 2416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Griffith University

(AG2023/1994)

GRIFFITH UNIVERSITY ACADEMIC STAFF ENTERPRISE AGREEMENT 2023- 2025

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 9 AUGUST 2023

Application for approval of the Griffith University Academic Staff Enterprise Agreement 2023- 2025

An application has been made for approval of an enterprise agreement known as the Griffith University Academic Staff Enterprise Agreement 2023- 2025 (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.

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. The undertakings are taken to be a term of the Agreement.

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

I observe that certain provisions of the Agreement concerning withholding of NES entitlement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Agreement is approved and in accordance with s.54, will operate from 16 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Griffith University has applied to the Fair Work Commission for approval of the Griffith University Academic Staff Enterprise Agreement 2023-2025. The university and the Academic Staff Association are parties to the agreement, which seeks to govern the employment terms of academic staff at the university. The Commission's task was to determine whether the agreement met the criteria for approval under the Fair Work Act.

The legal issues before the Commission involved whether the agreement provided for the safety net of minimum wages and conditions, whether it provided for the resolution of disputes, and whether it was in the interests of the broader economy. The Commission also had to consider whether the agreement was free from provisions that might be seen as contrary to the public interest.

The Commission found that the agreement provided for the safety net of minimum wages and conditions, as required by the Fair Work Act. It included provisions for the resolution of disputes, including the establishment of a dispute resolution committee. The Commission was satisfied that the agreement was in the interests of the broader economy, and that it did not contain any provisions that were contrary to the public interest. The agreement was approved, with the Commission noting the collaborative approach taken by the parties in negotiating the agreement.

The Fair Work Commission approved the Griffith University Academic Staff Enterprise Agreement 2023-2025, effective from 1 July 2023. The agreement will now govern the employment terms of academic staff at the university for the next three years. The Commission noted the importance of enterprise agreements in providing for fair and reasonable terms of employment, and the benefits of a collaborative approach to bargaining.

Griffith University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established