DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash University Gippsland Student Union Inc.
(AG2014/9870)

MUGSU ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BISSETT	MELBOURNE, 16 DECEMBER 2014

Application for approval of the MUGSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MUGSU Enterprise Agreement 2014 (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 Gippsland Student Union 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 23 December 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monash University Gippsland Student Union Inc. (MUGSU) applied for the approval of the MUGSU Enterprise Agreement 2014, a document outlining the terms and conditions of employment for its members, who are employees of Monash University. The application was lodged with the Fair Work Commission (FWC) under section 231 of the Fair Work Act 2009 (Cth). The application was opposed by Monash University, which raised several objections to the proposed agreement.

The legal issues before the FWC centred on whether the agreement met the requirements for approval under the Fair Work Act. These issues included whether the agreement was genuinely the product of agreement between the parties, whether it contained terms that were necessary to protect employees' health and safety, and whether it was consistent with the national minimum safety and wage standards. Additionally, Monash University argued that the agreement contained terms that were not genuinely agreed upon and that it did not comply with specific sections of the Act.

In determining the application, the FWC considered the evidence and submissions from both parties. The FWC found that the agreement was genuinely the product of agreement and that it contained terms necessary to protect employees' health and safety. The FWC also found that the agreement was consistent with the national minimum safety and wage standards, and that Monash University had failed to prove that the agreement did not comply with specific sections of the Act. The FWC approved the MUGSU Enterprise Agreement 2014, subject to certain modifications to address the issues raised by Monash University. These modifications included the removal of certain provisions that the FWC found to be inconsistent with the Act. The FWC also ordered that Monash University and MUGSU take certain steps to ensure compliance with the agreement.

Monash University Gippsland Student Union Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established