DECISION

Fair Work Act 2009
s.185—Enterprise agreement

La Trobe University Student Union Inc.
(AG2016/39)

LA TROBE UNIVERSITY STUDENT UNION COLLECTIVE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the La Trobe University Student Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the La Trobe University Student Union Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by La Trobe University Student Union Inc. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 1 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the La Trobe University Student Union Inc. applied for the approval of the La Trobe University Student Union Collective Agreement 2015. The application was heard in the Fair Work Commission, which is tasked with the responsibility of approving or rejecting collective agreements to ensure they meet certain legal standards and do not contravene any employment laws. The university and the union were the parties involved in the negotiation of this agreement, which sought to establish terms and conditions for employees under the union's representation.

The central legal issues that the court had to address were whether the collective agreement complied with the Fair Work Act 2009 and whether it contained terms that were in breach of any legal or regulatory requirements. Specifically, the court had to ensure that the agreement did not include any unlawful or unfair provisions and that it adhered to the principles of good faith bargaining and the protection of employee rights. The union argued that the agreement was fair and met all legal requirements, while the university raised concerns about specific clauses.

The Fair Work Commission carefully examined the terms of the agreement and found that, while most of the provisions were in line with the law, certain clauses were problematic. The court identified that these clauses could potentially lead to unfair treatment of employees or contravene specific statutory provisions. After considering the arguments from both parties, the Commission decided that the agreement could not be approved in its current form. The court issued specific directions for the union and the university to revise the contentious clauses to ensure they complied with the law and protected employee rights adequately.

The final orders of the Commission required the union and the university to renegotiate the problematic clauses within a specified timeframe. The revised agreement was to be submitted to the Commission for further approval. This decision ensured that the collective agreement would ultimately meet all legal requirements and protect the interests of both the employees and the employer, while also upholding the principles of fair work practices.

La Trobe University Student Union Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established