Monash University

[2014] FWCA 6816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash University
(AG2014/8991)

MONASH UNIVERSITY ENTERPRISE AGREEMENT (ACADEMIC AND PROFESSIONAL STAFF) 2014

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Monash University Enterprise Agreement (Academic and Professional Staff) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Monash University Enterprise Agreement (Academic and Professional Staff) 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Monash University. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monash University applied to the Fair Work Commission for approval of an enterprise agreement with its academic and professional staff. The applicants argued the agreement was fair and reasonable, while the respondents, representing some of the staff, claimed the agreement was unfair. The Fair Work Commission was required to decide if the agreement met the statutory requirements for approval.

The central issue before the Commission was whether the agreement contained appropriate dispute resolution mechanisms. The respondents argued that the agreement did not provide for an adequate mechanism to resolve disputes that may arise during the agreement's term. The Commission had to weigh the parties' submissions and consider the relevant statutory provisions.

After considering the submissions, the Fair Work Commission found that the agreement did contain appropriate dispute resolution mechanisms. The Commission noted that the agreement provided for both internal and external dispute resolution processes, which it deemed sufficient to meet the statutory requirements. The Commission also found that the agreement was fair and reasonable in other respects.

Consequently, the Fair Work Commission approved the Monash University Enterprise Agreement (Academic and Professional Staff) 2014, and it came into effect on 1 July 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established