Murdoch University Guild of Students

[2023] FWCA 1731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murdoch University Guild of Students

(AG2023/1591)

MURDOCH UNIVERSITY GUILD OF STUDENTS AGREEMENT 2022

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JUNE 2023

Application for approval of the Murdoch University Guild of Students Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Murdoch University Guild of Students Agreement 2022 (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 Guild of Students. The Agreement is a single enterprise agreement.

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

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Murdoch University Guild of Students to have the Murdoch University Guild of Students Agreement 2022 approved. The application was heard in the Fair Work Commission, with the decision rendered by Deputy President J M C Wilson. The Guild sought approval for the agreement, which outlined the terms and conditions for student representatives within the university. The application came before the Commission as the agreement needed to be approved to be enforceable under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as stipulated in the Fair Work Act. This included assessing if the agreement was a genuine enterprise agreement, whether it provided for a fair and efficient system of determining wages and other conditions of employment, and if it complied with the requirements for good faith bargaining. The Commission also needed to determine if the agreement contained appropriate provisions for the protection of student representatives' rights and interests.

In reaching its decision, the Commission considered the submissions from both the Guild and the university, as well as the provisions of the agreement itself. The Deputy President concluded that the agreement met the criteria for approval. The agreement was found to be a genuine enterprise agreement, as it was negotiated in good faith and contained provisions that ensured a fair and efficient system for determining wages and other conditions of employment. Furthermore, the Deputy President determined that the agreement contained appropriate protections for the rights and interests of student representatives. Consequently, the Commission approved the Murdoch University Guild of Students Agreement 2022.

The Fair Work Commission approved the Murdoch University Guild of Students Agreement 2022, finding it to be a genuine enterprise agreement that provided for a fair and efficient system of determining wages and other conditions of employment. The agreement was deemed to be in compliance with the requirements of the Fair Work Act and contained appropriate provisions for the protection of student representatives' rights and interests. This decision ensures that the terms and conditions outlined in the agreement are enforceable under the Act, thereby providing a stable framework for the operation of the Guild within the university.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established