MU Student Union Ltd

[2014] FWCA 1142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

MU Student Union Ltd
(AG2014/3450)

MU STUDENT UNION LIMITED COLLECTIVE AGREEMENT 2013

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 FEBRUARY 2014

Application for approval of the MU Student Union Limited Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the MU Student Union Limited Collective Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the MU Student Union Ltd. The Agreement is a single-enterprise agreement.

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

[3] The National Tertiary Education Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the MU Student Union Limited Collective Agreement 2013. The Applicant, MU Student Union Limited, sought approval of the agreement, which would govern the employment terms and conditions of its members, who are primarily students employed by the union in various capacities. The primary issue at hand was whether the agreement met the necessary legal standards and provided for fair and reasonable terms for both the union and its members.

The legal issues the court needed to address included whether the agreement complied with the Fair Work Act 2009, specifically sections relating to good faith bargaining, employee rights, and the prevention of unfair dismissal. Additionally, the court had to consider whether the agreement met the standards for fairness and reasonableness, as outlined in the Act and relevant case law. The court also examined whether the agreement provided for appropriate dispute resolution mechanisms and whether it adequately addressed the rights and interests of both the union and its members.

In delivering its decision, the Fair Work Commission found that the agreement did comply with the relevant provisions of the Fair Work Act and met the standards for fairness and reasonableness. The court noted that the agreement had been the result of good faith bargaining and contained provisions that adequately protected the rights and interests of both the union and its members. The commission also found that the agreement provided for appropriate dispute resolution mechanisms and did not unfairly disadvantage either party. As a result, the Fair Work Commission approved the MU Student Union Limited Collective Agreement 2013, subject to certain minor amendments. The final orders of the court mandated these amendments, which were designed to address minor technical issues and ensure that the agreement continued to meet the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established