DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash University
(AG2019/4741)

MONASH UNIVERSITY ENTERPRISE AGREEMENT (ACADEMIC AND PROFESSIONAL STAFF) 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Monash University Enterprise Agreement (Academic and Professional Staff) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Monash University Enterprise Agreement (Academic and Professional Staff) 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monash University. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) involved a dispute between Monash University and the union representing its academic and professional staff regarding the approval of the Enterprise Agreement (EA) for the year 2019. The union sought the FWC’s approval of the EA, while the university contested certain aspects, arguing they did not meet the requirements for modern awards. The case was heard and determined by the FWC, a specialist tribunal in Australia tasked with resolving workplace disputes and promoting fair work practices.

The primary legal issues the FWC needed to address involved the compliance of the EA with the Fair Work Act 2009 (Cth) and the Fair Work (Registered Organisations) Act 2009 (Cth). These included whether the EA provided for minimum terms and conditions that met or exceeded those in the relevant modern awards, whether the EA was free from prohibited content, and whether the union had genuinely bargained with the employer in good faith. The university also raised concerns about specific provisions related to pay equity, workload management, and the definition of casual employment.

The FWC examined the EA clause by clause, balancing the rights and obligations of both parties. The tribunal found that the EA substantially met the legal requirements, providing terms and conditions that met or exceeded those in the relevant modern awards. The FWC addressed each concern raised by the university, making several modifications to ensure compliance. For example, the FWC adjusted the pay equity provisions to align with the relevant award and clarified certain definitions to avoid ambiguity. Ultimately, the FWC approved the EA with some modifications, acknowledging the union's genuine bargaining efforts and the university's willingness to negotiate.

The FWC's final orders included the approval of the EA with specified modifications, ensuring compliance with the Fair Work Act and other relevant legislation. The tribunal mandated that Monash University implement the amended EA, effective from the date of approval, and required both parties to adhere to the agreed-upon terms and conditions. The decision provided clarity for both the university and its staff, resolving the dispute and establishing a framework for future negotiations.

Monash University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established