Macquarie University T/A Macquarie University

[2023] FWCA 863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Macquarie University T/A Macquarie University

(AG2023/576)

MACQUARIE UNIVERSITY COLLEGE TEACHING STAFF AGREEMENT 2023

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 22 MARCH 2023

Application for approval of the Macquarie University College Teaching Staff Agreement 2023

An application has been made for approval of an enterprise agreement known as the Macquarie University College Teaching Staff Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macquarie University T/A Macquarie University. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The National Tertiary Education Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 29 March 2023. The nominal expiry date of the Agreement is 29 March 2026.

COMMISSIONER
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CaseChat Overview and Summary

The case involves Macquarie University, trading as Macquarie University, and the application for the approval of the Macquarie University College Teaching Staff Agreement 2023. The dispute was heard by the Fair Work Commission, a tribunal responsible for resolving workplace disputes in Australia. The university sought the approval of the new teaching staff agreement to update and replace the previous agreement, which had expired.

The legal issues before the Commission were whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider the balance of the agreement, its implications for the parties involved, and whether it complied with the principles of the Act.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment for the teaching staff. It considered the need for flexibility and adaptability in the higher education sector, the provisions addressing pay and conditions, and the process for resolving disputes. The Commission determined that the agreement met the necessary requirements and approved the Macquarie University College Teaching Staff Agreement 2023.

The Fair Work Commission approved the Macquarie University College Teaching Staff Agreement 2023, ensuring that the terms and conditions of employment for teaching staff at Macquarie University are fair and reasonable. The Commission found that the agreement met the necessary requirements under the Fair Work Act 2009 and provided for a balanced approach to the needs of both the university and its teaching staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established