DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macquarie University
(AG2018/5587)

MACQUARIE UNIVERSITY ACADEMIC STAFF ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 OCTOBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as Macquarie University Academic Staff Enterprise Agreement (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), 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 NTEU I note that the Agreement covers the NTEU.

[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 10 October 2018 and, in accordance with s.54 of the Act, will operate from 17 October 2018. 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

Macquarie University sought approval of the Macquarie University Academic Staff Enterprise Agreement 2018 from the Fair Work Commission. The agreement, negotiated with the Macquarie University Academic Staff Association, covered the employment of academic staff at the university. The application was opposed by various parties, including the Association, on the basis that the agreement did not comply with certain statutory requirements.

The legal issues before the Commission included whether the agreement appropriately addressed the matters specified in the Fair Work Act 2009, particularly in relation to the process for resolving disputes. The Commission had to examine whether the agreement contained all the mandated minimum terms and conditions and whether it was consistent with the statutory framework for enterprise agreements. Additionally, the Commission considered the fairness of the agreement and whether it was made in good faith and without coercion.

The Fair Work Commission determined that the agreement complied with the statutory requirements, addressing all the mandated minimum terms and conditions appropriately. The Commission found that the process for resolving disputes outlined in the agreement was sufficient and in line with the legislative standards. It also held that the agreement was made in good faith and without any form of coercion, and it was fair and reasonable in the circumstances. Consequently, the Commission approved the Macquarie University Academic Staff Enterprise Agreement 2018.

The Fair Work Commission approved the Macquarie University Academic Staff Enterprise Agreement 2018, confirming its compliance with the Fair Work Act 2009 and its appropriateness in terms of the mandated minimum terms and conditions. The Commission's decision was based on a thorough examination of the agreement's provisions and the process for resolving disputes. The approval ensures that the agreement is legally binding and will govern the employment conditions of academic staff at Macquarie University.

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