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

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission was brought by Murdoch University seeking to vary the Murdoch University Enterprise Agreement 2014. The university sought to alter the second row of table in Schedule 3 of the Agreement, which sets out salary scales for academic staff. The dispute centred on the university's proposal to reduce the minimum base salary for academic staff at the entry level. The applicants argued that the changes were necessary to address financial sustainability and competitiveness in the higher education sector.

The legal issues before the Commission included whether the proposed changes constituted a "genuine dispute" as required under the Fair Work Act 2009 and whether the changes were reasonable and necessary in all the circumstances. The Commission had to consider the evidence presented by both parties regarding the financial position of the university and the impact of the proposed changes on the academic staff. Additionally, the Commission needed to assess whether the proposed changes complied with the principles of good faith bargaining and whether they were in line with the broader objectives of the Fair Work Act.

The Fair Work Commission determined that the application met the criteria for a genuine dispute, noting the university's financial challenges and the broader context of financial pressures in the higher education sector. The Commission found that the proposed changes were reasonable and necessary given the financial circumstances of the university. The Commission concluded that the changes would not undermine the protections afforded to academic staff and were consistent with good faith bargaining principles. The Commission approved the variation as sought by the university, allowing for the implementation of the revised salary scales as per the second row of table in Schedule 3 of the Agreement.

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