DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash Student Association (Clayton) Inc.
(AG2015/2799)

MONASH STUDENT ASSOCIATION (CLAYTON) INC. ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 3 JUNE 2015

Application for approval of the Monash Student Association (Clayton) Inc. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Monash Student Association (Clayton) Inc. Enterprise Agreement 2013 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 10 June 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Monash Student Association (Clayton) Inc. seeking approval of their Enterprise Agreement 2013. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved as a registered agreement. The application for approval was made under section 232 of the Fair Work Act 2009. The legal issues that arose centred on whether the agreement met the necessary criteria for approval, including whether the agreement provided for the protection of employees' rights and interests, was free from coercion and undue influence, and had been made in good faith.

The FWC considered the evidence presented and examined the terms of the agreement to determine whether it complied with the statutory requirements. The Commission noted that the agreement provided for minimum rates of pay and conditions, including provisions for casual employees, and included provisions for dispute resolution and consultation. The FWC also considered the process by which the agreement was made, including the level of consultation between the parties and whether there was any evidence of coercion or undue influence. Ultimately, the FWC was satisfied that the agreement met the necessary criteria for approval and approved the Enterprise Agreement 2013 as a registered agreement.

The FWC's decision was based on a detailed analysis of the agreement and the evidence presented. The Commission found that the agreement provided for the protection of employees' rights and interests, was free from coercion and undue influence, and had been made in good faith. The FWC also noted that the agreement had been the subject of extensive consultation between the parties and that there was no evidence of any undue pressure being applied to any party. The approval of the agreement as a registered agreement means that it will have legal effect and will be binding on all parties who are covered by the agreement.

Monash Student Association (Clayton) Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established