DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murdoch University
(AG2018/1375)

MURDOCH UNIVERSITY ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER WILLIAMS	PERTH, 3 AUGUST 2018

Application for approval of the Murdoch University Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Murdoch University Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murdoch University. 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Murdoch University applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the Australian Education Union (AEU). The dispute was heard by the Commission, presided over by Commissioner Koutoufides. The legal issues before the Commission were whether the enterprise agreement complied with the relevant legislative provisions, and whether the AEU's opposition was valid. The Commission found that the agreement did comply with the necessary legal requirements and that the AEU's opposition was not substantiated. The application for approval was therefore granted.

The Commission considered whether the agreement provided for the prescribed minimum entitlements and whether it had been fairly negotiated. The Commission found that the agreement met the minimum standards and that the negotiation process was fair. The AEU argued that the agreement did not provide for adequate protections for casual employees, but the Commission found that the agreement was fair and reasonable in all respects. The Commission also noted that the agreement provided for significant benefits for employees, including pay increases and improved working conditions.

The Commission concluded that the application for approval should be granted. The AEU did not seek an appeal, and the agreement was approved. The decision is a reminder of the importance of ensuring that enterprise agreements meet the necessary legal requirements and are negotiated fairly. It also highlights the role of the Fair Work Commission in approving enterprise agreements and resolving disputes between employers and unions. The approval of the Murdoch University Enterprise Agreement 2018 provides a positive outcome for both the university and its employees.

Murdoch University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established