DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Monash University
(AG2020/1897)

MONASH UNIVERSITY ENTERPRISE AGREEMENT (ACADEMIC AND PROFESSIONAL STAFF) 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 9 JULY 2020

Application for variation of the Monash University Enterprise Agreement (Academic and Professional Staff) 2019.

[1] An application has been made for approval of a variation to the Monash University Enterprise Agreement (Academic and Professional Staff) 2019 (the Agreement). The application was made by Monash University pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 5 February 2020. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 9 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

Monash University sought to vary the terms of the Enterprise Agreement (Academic and Professional Staff) 2019, which was in place between the university and its academic and professional staff. The university's application aimed to address financial constraints and the need for changes in the working environment in light of the economic impact of the COVID-19 pandemic. The Fair Work Commission heard the matter and was tasked with determining whether the proposed variations were reasonable and necessary.

The primary legal issue before the Commission was whether the proposed changes to the Enterprise Agreement constituted a "Fair Work Act variation." This required a consideration of whether the variations were necessary to ensure the financial viability of the employer, and whether they were reasonable in the circumstances. The Commission had to balance the employer's need for financial sustainability against the potential impact on employees' conditions of employment.

In its decision, the Commission found that the proposed variations were necessary to address the financial challenges faced by the university due to the pandemic. The Commission recognised the significant financial strain and the need for cost-saving measures. However, it also emphasised the importance of maintaining fair and reasonable terms for employees. The Commission approved certain variations, including changes to working hours and job classifications, but rejected others that it deemed to be overly burdensome for employees. The Commission concluded that the approved variations were fair and necessary under the circumstances.

The Fair Work Commission made orders that varied the Enterprise Agreement as per its decision, allowing for certain changes to working hours and job classifications, while rejecting others. The university was directed to implement the approved variations in accordance with the decision.

Monash University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established