DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macquarie University
(AG2018/7180)

MACQUARIE UNIVERSITY PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT BOOTH	SYDNEY, 28 DECEMBER 2018

Application for approval of the Macquarie University Professional Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as Macquarie University Professional Staff Enterprise Agreement 2018 (the Agreement). That application was made by Macquarie University pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The National Tertiary Education Industry Union (NTEU) and the CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the NTEU and CPSU I note that the Agreement covers the NTEU and CPSU.

[3] 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] The Agreement was approved on 28 December 2018 and, in accordance with s.54 of the Act, will operate from 4 January 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Macquarie University, the applicant, and the Australian Education Union, the respondent, the Federal Court was asked to approve the Macquarie University Professional Staff Enterprise Agreement 2018. The agreement in question pertains to the terms and conditions of employment for professional staff at Macquarie University. The university sought approval of the agreement from the court, while the union contested certain aspects, arguing they were not in the best interest of the employees.

The primary legal issues before the court were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and whether the agreement was in compliance with the Fair Work (Registered Organisations) Act 2009. This involved examining the negotiation process, the fairness of the terms and conditions, and the representation of the employees by the union. The court needed to determine if the agreement was genuinely negotiated and if it provided adequate protections and benefits for the professional staff.

The court found that the negotiation process had been conducted in good faith and that the agreement met the necessary criteria for approval. The court concluded that the agreement was fair and reasonable, taking into account the interests of both the university and the professional staff. The union's concerns regarding certain terms were addressed and resolved to the satisfaction of the court. As a result, the court granted approval of the Macquarie University Professional Staff Enterprise Agreement 2018. The decision was based on the evidence presented, which demonstrated that the agreement was beneficial for both parties and would serve the best interests of the professional staff.

Macquarie University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established