DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murdoch University Guild of Students
(AG2018/2256)

MURDOCH UNIVERSITY GUILD OF STUDENTS AGREEMENT 2015

Educational services
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2019

Application for approval of the Murdoch University Guild of Students Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Murdoch University Guild of Students Agreement 2015 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Tertiary Education 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.

[5] The Agreement is approved. Despite clause 4 of the Agreement, the Agreement will operate from 8 August 2019 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Murdoch University Guild of Students for the approval of the Murdoch University Guild of Students Agreement 2015. The Guild, which represents students at Murdoch University, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The primary dispute centred on the appropriateness of the agreement's terms and whether it complied with the requirements set forth in the Act.

The legal issues before the Commission were whether the agreement was made in good faith and whether it provided for a fair and efficient system for resolving employee disputes. Additionally, the Commission had to determine whether the agreement adequately covered the essential terms required by the Act and whether the process leading to the agreement was fair and transparent. The Commission also needed to ensure that the agreement did not undermine the protection of employees' rights and interests.

In reaching its decision, the Commission carefully examined the negotiation process and the terms of the agreement. It concluded that the agreement was made in good faith and provided for a fair and efficient system for resolving employee disputes. The Commission found that the agreement covered all the essential terms required by the Act and that the process leading to the agreement was fair and transparent. Consequently, the Commission approved the Murdoch University Guild of Students Agreement 2015, recognising it as a registered agreement.

Murdoch University Guild of Students

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established