Murdoch University

[2014] FWCA 2733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murdoch University
(AG2014/3953)

MURDOCH UNIVERSITY ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER WILLIAMS	PERTH, 28 APRIL 2014

Application for approval of the Murdoch University Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Murdoch University Enterprise Agreement 2014 (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 CPSU, the Community and Public Sector 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 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.

[5] The United Voice, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

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 respondents, who were employees of the university, contested the application. The legal issues at hand involved the fairness and compliance of the proposed agreement with the relevant industrial laws. The university argued that the agreement was fair and should be approved, while the respondents contended that certain provisions were unfair and did not comply with the law.

The Fair Work Commission examined the provisions of the agreement to determine whether they met the criteria for fairness and compliance. This included assessing whether the agreement provided for appropriate minimum terms and conditions, ensured procedural fairness, and did not undermine the protections afforded to employees under the Fair Work Act. The Commission considered the submissions from both parties and reviewed relevant industrial instruments and precedents.

After thorough deliberation, the Commission found that the majority of the provisions in the Murdoch University Enterprise Agreement 2014 were fair and in compliance with the law. The Commission approved the agreement, noting that while some minor adjustments were necessary, these did not materially affect the overall fairness of the agreement. The Fair Work Commission concluded that the benefits of approving the agreement outweighed any perceived disadvantages, and that it was in the best interests of the employees, the university, and the broader industrial relations system.

The Fair Work Commission approved the Murdoch University Enterprise Agreement 2014, subject to certain conditions and modifications. These included specific changes to address the concerns raised by the respondents, ensuring that the agreement met the required standards of fairness and compliance. The university was directed to implement the approved agreement within the specified timeframe, and to provide necessary information to the employees regarding the approved terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established