Murdoch University

[2016] FWCA 127

[2016] FWCA 127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Murdoch University
(AG2015/6774)

MURDOCH UNIVERSITY ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER CLOGHAN	PERTH, 7 JANUARY 2016

Application for variation of the Murdoch University Enterprise Agreement 2014 - second row of table in Schedule 3.

[1] Murdoch University (Murdoch or Employer) has made application to the Fair Work Commission (Commission) to remove an ambiguity or uncertainty with respect to the Murdoch University Enterprise Agreement 2014 (Murdoch Enterprise Agreement).

[2] The application is made pursuant to s.217 of the Fair Work Act 2009 (FW Act).

[3] The Murdoch Enterprise Agreement was approved by Williams C on 28 April 2014. The Community and Public Sector Union (CPSU); the National Tertiary Education Industry Union (NTEU) and United Voice were bargaining representatives for the Murdoch Enterprise Agreement and gave notice of wanting to be covered by the Agreement pursuant to s.201(2) of the FW Act.

[4] The alleged ambiguity or uncertainty can be summarised as follows:

4.1 Schedule 3 of the Murdoch Enterprise Agreement sets out the formula for determining rates of pay for casual academic employees;

4.2 page 156 of the Murdoch Enterprise Agreement states that the rate for each hour of tutorial delivered or presented, is according to the schedule;

4.3 the hourly rate from 25 June 2016 to be applied to a tutor who possess a doctoral qualification or whose duties include full subject coordination is $162.90;

4.4 consistent with the formula referred to in 4.1, the amount referred to in 4.3 above, should be $157.31.

[5] On 2 December 2015, I conducted a conference which Murdoch and the NTEU attended. The variation is not relevant to the CPSU and United Voice who sought to be excused from the conference.

[6] On 14 December 2015, the NTEU advised the Commission that it was not opposed to the variation sought by Murdoch.

[7] Having considered the contents of the application, the conference on 2 December 2015 and the NTEU’s advice of 14 December 2015, I am satisfied, pursuant to s.217 of the FW Act, that the Murdoch Enterprise Agreement should be varied by deleting $162.90 on page 156, and replacing it with $157.31 under the heading “25^th June 2016” for the “Tutorial rate to be applied where the tutor possesses a relevant doctoral qualification or where duties include full subject co-ordination (1 hour delivery and 2 hours associated working time)”.

[8] The variation operates from 5 May 2014.

[9] A consolidated version of the Murdoch Enterprise Agreement, as varied, is attached to this Decision.

COMMISSIONER

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