DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macquarie University
(AG2015/4193)

MACQUARIE UNIVERSITY TEACHING STAFF GREENFIELDS AGREEMENT 2015

Educational services
COMMISSIONER JOHNS	SYDNEY, 12 AUGUST 2015

Application for approval of the Macquarie University Teaching Staff Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie University Teaching Staff Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Macquarie University and the National Tertiary Education Industry Union (NTEU).

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the NTEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 19 August 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macquarie University applied to the Fair Work Commission for the approval of the Macquarie University Teaching Staff Greenfields Agreement 2015. The applicant argued that the proposed agreement was appropriate for the employees and the university, and it was seeking to secure approval of the agreement under section 234 of the Fair Work Act 2009. The Australian Education Union opposed the application, arguing that the proposed agreement did not meet the requirements of the Act.

The Fair Work Commission considered whether the proposed agreement met the criteria set out in section 234 of the Act. This included whether the agreement dealt with the employees' wages and other conditions of employment in a fair and reasonable manner, and whether it was likely to have a positive effect on the productivity of the workplace. The Commission found that the proposed agreement met these criteria, and approved the application for the agreement to be registered.

The Commission found that the proposed agreement was appropriate for the employees and the university, and that it was likely to have a positive effect on the productivity of the workplace. The Commission also found that the agreement dealt with the employees' wages and other conditions of employment in a fair and reasonable manner, and that it was not contrary to public policy. The Commission approved the application for the agreement to be registered, and it is now in effect.

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