Monash Graduate Association (Mga) Inc

[2023] FWCA 228

[2023] FWCA 228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monash Graduate Association (Mga) Inc

(AG2022/5221)

MONASH GRADUATE ASSOCIATION (MGA) INC ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER LEE	MELBOURNE, 23 JANUARY 2023

Application for approval of the Monash Graduate Association (MGA) Inc Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Monash Graduate Association (MGA) Inc Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monash Graduate Association (Mga) Inc. The Agreement is a single enterprise agreement.

1. Voting notification was provided less than seven clear days before the vote contrary to s 180(3) of the Act. The Employer provided submissions as to this error on 20 January 2023. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

1. Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The National Tertiary Education Industry 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.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

·16.14 - Casual Conversion.

However, noting undertaking 1of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Annexure A

[1] [2019] FWCFB 318

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