Monash University Student Union Peninsula Inc.

[2021] FWCA 5882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash University Student Union Peninsula Inc.
(AG2021/6849)

MONASH UNIVERSITY STUDENT UNION PENINSULA INC. ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER WILSON	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the Monash University Student Union Peninsula Inc. Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Monash University Student Union Peninsula Inc. Enterprise Agreement 2021 (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 Student Union Peninsula Inc. 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 28 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the application for the approval of the Monash University Student Union Peninsula Inc. Enterprise Agreement 2021, which was lodged with the Fair Work Commission. The primary parties in the dispute were Monash University and the Monash University Student Union Peninsula Inc., which represents the interests of the university's employees. The agreement in question was submitted for endorsement under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the criteria for approval.

The legal issues before the Court centred on whether the Enterprise Agreement complied with the legislative requirements outlined in the Fair Work Act 2009. Specifically, the Court had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it adhered to the principles of the Fair Work Act, and whether it was made in good faith. Furthermore, the Court needed to ensure that the agreement did not adversely affect the employees' existing conditions and that it included provisions for the resolution of workplace disputes.

The Court found that the Enterprise Agreement met the necessary criteria for approval. The agreement was deemed to be fair and reasonable, providing for a balanced consideration of the interests of both the employer and the employees. The Court noted that the agreement contained provisions for the resolution of workplace disputes and did not adversely affect the employees' existing conditions. Additionally, the Court was satisfied that the agreement was made in good faith and adhered to the principles of the Fair Work Act. Therefore, the Court granted the application for approval of the Monash University Student Union Peninsula Inc. Enterprise Agreement 2021.

The final orders of the Court were that the Enterprise Agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to the employees of Monash University represented by the Monash University Student Union Peninsula Inc., and it would govern their terms and conditions of employment for the duration specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established