DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Melbourne University Student Union Limited (MUSUL)
(AG2016/4963)

MU STUDENT UNION LIMITED COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER CRIBB	MELBOURNE, 23 AUGUST 2016

Application for variation of the MU Student Union Limited Collective Agreement 2013.

[1] An application has been made for approval of a variation to the MU Student Union Limited Collective Agreement 2013 1 (the Agreement). The application was made by Melbourne University Student Union Limited (MUSUL) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval to vary clauses 21 and 36 of the Agreement. The variation to clause 21 of the Agreement provides for a 3% wage increase to be paid on or from the first pay period on or after 1 July 2016. The variation to clause 36 ensures that public holidays and the annual shutdown within the Student Union align with the University so that students can access student services when the University is open. A Statutory Declaration, dated 2 August 2016, was provided in support of the application.

[3] The National Tertiary Education Union (NTEU), a bargaining representative for the Agreement covered by the Agreement, is not opposed to the application.

[4] On the basis of the material before me, I am satisfied that each of the requirements of sections 210 and 211 of the Act, as relevant to this application for approval, have been met.

[5] The variation is approved and a consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with section 216 of the Act, the variation operates from 23 August 2016.

1 AE406888

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Melbourne University Student Union Limited (MUSUL) filed an application for a variation of the MU Student Union Limited Collective Agreement 2013. The dispute arose from negotiations between MUSUL and the University of Melbourne over changes to the employment terms and conditions of certain employees. The Fair Work Commission heard the matter.

The primary legal issue before the Commission was whether the proposed changes to the employment terms and conditions were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009. This involved an examination of the principles of good faith bargaining and the need for any changes to be justifiable and proportionate.

The Commission found that the proposed changes were reasonable and justifiable given the financial difficulties faced by the University. The changes were deemed to be proportionate and necessary to address the University's financial situation. The Commission also considered the principles of good faith bargaining and found that both parties had engaged in the process in good faith. The application for variation was subsequently approved.

The Fair Work Commission ordered the variation of the MU Student Union Limited Collective Agreement 2013 in accordance with the terms proposed by the University of Melbourne. The decision underscores the importance of good faith negotiations and the need for changes to be reasonable and justifiable, particularly in the context of financial difficulties faced by an employer.

Melbourne University Student Union Limited (MUSUL)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established