Monash University T/A Monash University

[2024] FWCA 2976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monash University T/A Monash University

(AG2024/2721)

MONASH UNIVERSITY ENTERPRISE AGREEMENT (ACADEMIC AND PROFESSIONAL STAFF) 2024

Educational services
COMMISSIONER JOHNS	MELBOURNE, 13 AUGUST 2024

Application for approval of the Monash University Enterprise Agreement (Academic and Professional Staff) 2024

An application has been made for approval of an enterprise agreement known as the Monash University Enterprise Agreement (Academic and Professional Staff) 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 T/A Monash University. The Agreement is a single enterprise agreement.

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.

An assessment of the Agreement has identified two clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 40.1(e): Immediate family definition; and
b)Clause 54.2: Domestic violence leave.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

Noting the NES precedence clause (clause 7), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Monash University T/A Monash University applied for approval of the Monash University Enterprise Agreement (Academic and Professional Staff) 2024. The application involved the terms and conditions of employment for academic and professional staff at the university, including matters such as wages, leave entitlements, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees it sought to cover. The Commission had to assess the fairness of the agreement's terms, ensure that it did not undermine the safety net of minimum entitlements, and confirm that the agreement was genuinely negotiated between the employer and the employees' representatives.

After careful consideration of the evidence and submissions from both parties, the Commission found that the proposed agreement was fair and reasonable in all its terms. The Commission was satisfied that the agreement provided for appropriate wages and conditions, included adequate dispute resolution processes, and did not undermine the safety net of minimum entitlements. The Commission approved the agreement, highlighting its balanced approach and the thorough process undertaken in its negotiation.

The final orders of the Commission included the approval of the Monash University Enterprise Agreement (Academic and Professional Staff) 2024, effective from 1 January 2024, subject to the terms and conditions set out in the approved agreement. The agreement was to be registered by the Registrar of the Fair Work Commission, and the Commission reserved the right to monitor and review the agreement's implementation and effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established