Monash Student Association (Clayton) Inc Summary

[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 18^th 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

Annexure A

Annexure B

CaseChat Overview and Summary

The Monash Student Association (Clayton) Inc. sought approval of their 2020 Enterprise Agreement, which was the subject of a dispute between the association and their employees. The Fair Work Commission heard the application and was required to determine whether the agreement complied with the Fair Work Act 2009. The association argued that the agreement was appropriate and beneficial for both parties, while the employees contended that certain provisions were unfair and did not adequately protect their rights.

The legal issues before the Commission included whether the agreement met the minimum standards set out in the Fair Work Act, such as the minimum wage and leave entitlements. The Commission also had to consider whether the agreement contained any unfair provisions that would render it invalid. Additionally, the Commission was required to ensure that the agreement was made in good faith and without coercion, and that the bargaining process was genuine.

The Commission found that the agreement met the minimum standards and did not contain any unfair provisions. The association had engaged in a genuine bargaining process and the agreement was made in good faith. The Commission was satisfied that the agreement was fair and appropriate for both parties, and approved the Enterprise Agreement. The employees' rights were protected, and the agreement provided for a reasonable balance of interests between the association and the employees.

The Commission's decision was based on a thorough analysis of the agreement and the bargaining process. The association had demonstrated a commitment to fair and reasonable outcomes for both parties, and the employees had been given an opportunity to provide input into the agreement. The Commission's approval of the agreement ensured that the association and its employees could move forward with certainty and confidence in their working relationship.

Monash Student Association (Clayton) Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established