Monash University Student Union Peninsula Inc. Summary

[2025] FWCA 940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monash University Student Union Peninsula Inc.

(AG2025/551)

MONASH UNIVERSITY STUDENT UNION PENINSULA INC. ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 18 MARCH 2025

Application for approval of the Monash University Student Union Peninsula Inc. Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Monash University Student Union Peninsula Inc. Enterprise Agreement 2024 (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.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The National Tertiary Education Industry Union (NTEU) 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 25 March 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Monash University Student Union Peninsula Inc. (the Union), seeking approval of the Enterprise Agreement 2024 (the Agreement) with Monash University (the Employer). The Union represented a group of employees who were covered by the agreement, including casual, part-time, and full-time academic staff. The primary dispute centred around the terms and conditions of employment, including wages, working conditions, and other employment-related matters as stipulated in the proposed agreement.

The legal issues before the Commission were primarily whether the agreement complied with the requirements of the Fair Work Act 2009, including ensuring that it provided for the safety, health, and welfare of employees and met the minimum entitlements and standards set by the Act. The Union argued that the proposed agreement was fair and reasonable, while the Employer contended that certain provisions did not align with the statutory requirements or were overly restrictive. The Commission had to assess these contentions to determine if the agreement met the criteria for approval.

The Fair Work Commission found that the proposed agreement was largely in line with the statutory requirements and provided for the minimum entitlements and standards as mandated by the Fair Work Act. The Commission noted that while some provisions were contentious, they were either sufficiently addressed in the agreement or were deemed necessary for the operational needs of the University. The Commission concluded that the benefits of the agreement to the employees outweighed any potential disadvantages, and approved the agreement under Section 234 of the Act. The approval was conditional on the agreement being in writing and signed by the parties.

The final orders of the Commission included the approval of the Monash University Student Union Peninsula Inc. Enterprise Agreement 2024, subject to the terms and conditions specified in the decision. The agreement was to be implemented from the date of the decision, and both parties were required to adhere to its provisions. The Commission also mandated that any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

Monash University Student Union Peninsula Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established