Macquarie University

[2014] FWCA 5836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macquarie University
(AG2014/6955)

MACQUARIE UNIVERSITY ACADEMIC STAFF ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 22 AUGUST 2014

Application for approval of the Macquarie University Academic Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie University Academic Staff Enterprise Agreement 2014 (“the Agreement”). The application has been made by Macquarie University (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I raised a range of matters about aspects of the Agreement and the parties’ submissions concerning such matters addressed my concerns or potential concerns. I am otherwise satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, a replacement page 14 has been included due to an obvious typographical error in the scanned version of the Agreement.

[3] The National Tertiary Education Industry Union concurs with the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macquarie University applied for approval of the Macquarie University Academic Staff Enterprise Agreement 2014. The applicant sought approval of the agreement under section 173 of the Fair Work Act 2009, and the application was brought before the Fair Work Commission. The applicants argued that the agreement met the requirements of the Act, and should be approved.

The Commission was required to consider whether the agreement met the criteria for approval under section 173 of the Fair Work Act. The court needed to determine whether the agreement was a “good faith” agreement, and whether it provided for the resolution of all outstanding matters between the parties. The court also needed to consider whether the agreement was in the best interests of the employees.

The Commission found that the agreement was a good faith agreement, and provided for the resolution of all outstanding matters between the parties. The court found that the agreement was in the best interests of the employees, and approved the agreement. The court noted that the agreement contained a range of provisions that provided for the fair and reasonable treatment of employees, and provided for appropriate mechanisms for the resolution of disputes.

The Commission approved the agreement, and made orders to that effect. The court noted that the agreement provided for a range of benefits for employees, including provisions for pay rates and conditions, dispute resolution mechanisms, and provisions for the protection of employees' rights. The court also noted that the agreement provided for the fair and reasonable treatment of employees, and provided for appropriate mechanisms for the resolution of disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established