Monash University T/A Monash University

[2024] FWCA 2976

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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