DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Macquarie University
(AG2015/1082)

MACQUARIE UNIVERSITY PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 29 MAY 2015

Application for approval of the Macquarie University Professional Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as Macquarie University Professional Staff Enterprise 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 the Macquarie University. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[3] The National Tertiary Education Industry Union and the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 31 March 2018

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Macquarie University sought approval for the Macquarie University Professional Staff Enterprise Agreement 2015. The applicant argued the agreement was fit for purpose and complied with the necessary legal and procedural requirements. The Fair Work Ombudsman intervened, questioning whether the agreement adequately met the legal standards and whether the correct process was followed in reaching the agreement.

The legal issues centred on whether the agreement was genuinely negotiated, if it complied with the Fair Work Act 2009, and if the process for its creation was fair and lawful. Key points included verifying the authenticity of the negotiations and ensuring that the agreement did not unfairly disadvantage any party. Additionally, the court needed to consider if the process for approving the agreement met all necessary legal requirements.

The commission examined the evidence presented by both parties, focusing on the negotiation process and the contents of the agreement. It concluded that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The commission found no evidence of unfair disadvantage and confirmed that the approval process complied with legal standards. Consequently, the application for approval of the agreement was upheld.

The Fair Work Commission approved the Macquarie University Professional Staff Enterprise Agreement 2015, affirming its compliance with the Fair Work Act and the fairness of its negotiation and approval process. This decision ensures that the agreement can be implemented, governing the professional 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