Monash Student Association (Clayton) Inc
[2023] FWCA 178
•19 JANUARY 2023
| [2023] FWCA 178 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Monash Student Association (Clayton) Inc
(AG2022/5288)
MONASH STUDENT ASSOCIATION (CLAYTON) INC. ENTERPRISE AGREEMENT 2020
| Educational services | |
| COMMISSIONER YILMAZ | MELBOURNE, 19 JANUARY 2023 |
Application for approval of the Monash Student Association (Clayton) Inc. Enterprise Agreement 2020
An application has been made for approval of an enterprise agreement known as the Monash Student Association (Clayton) Inc. Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monash Student Association (Clayton) Inc. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexures A and B. 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.
On Wednesday 18th January 2023, the Applicant provided submissions that the below Award Supported Wage allowance in clause 5.2 was an error. This email contained an undertaking attached in Annexure B, correcting and improving upon this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to the undertaking.
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.
The Agreement is approved and in accordance with s.54, will operate from 26 January 2023. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
Annexure B
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