DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murdoch University Guild of Students
(AG2015/4927)

MURDOCH UNIVERSITY GUILD OF STUDENTS AGREEMENT 2015

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 30 SEPTEMBER 2015

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] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Murdoch University Guild of Students. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter under consideration involved an application by the Murdoch University Guild of Students to have the Murdoch University Guild of Students Agreement 2015 approved. This application was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement, which contained provisions related to the operation of student services and amenities, was appropriate for approval under the relevant legislative framework. Specifically, the Commission needed to determine if the agreement met the requirements set out in the Fair Work Act 2009.

The Commission assessed whether the agreement was in accordance with the provisions of the Fair Work Act, including the need for it to be a good faith bargaining outcome. The agreement was scrutinised to ensure it did not contain any terms that were contrary to public policy or that would otherwise be unenforceable. Additionally, the Commission examined whether the agreement provided a fair and reasonable balance of rights and obligations between the parties. The Commission also considered the nature of the services and amenities provided by the Guild and the extent to which the agreement was necessary to manage these effectively.

After careful consideration, the Commission concluded that the Murdoch University Guild of Students Agreement 2015 was an appropriate agreement for approval. The Commission found that the agreement was the product of good faith bargaining and did not contravene any public policy considerations. It was determined that the terms of the agreement provided a fair and reasonable balance of rights and obligations and were necessary for the proper management of student services and amenities at the university. Therefore, the application for approval was granted.

The Fair Work Commission approved the Murdoch University Guild of Students Agreement 2015, determining it to be in compliance with the Fair Work Act 2009. The agreement was recognised as a fair and reasonable outcome of good faith bargaining, and no terms were found to contravene public policy or be unenforceable. The decision confirmed the necessity of the agreement for the effective management of student services and amenities at Murdoch University.

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