National Tertiary Education Industry Union

[2019] FWCA 6202

[2019] FWCA 6202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

National Tertiary Education Industry Union
(AG2019/3073)

MURDOCH UNIVERSITY GUILD OF STUDENTS AGREEMENT 2015

Educational services
COMMISSIONER WILLIAMS	PERTH, 6 SEPTEMBER 2019

Application for variation of the Murdoch Guild of Students Enterprise Agreement 2015.

[1] This matter is an application by the National Tertiary Education Union, under section 217 of the Fair Work Act 2009 (the Act), to vary the Murdoch University Guild of Students Agreement 2015 (the Agreement) in order to remove an ambiguity or an uncertainty.

[2] The application seeks to correct the fact that the Agreement is incorrectly stated as being the “Murdoch Guild of Students Enterprise Agreement 2015” on page 2, section 1- Title, page 5, section 8 in the definition of “Agreement ” and on the decision cover page.

[3] The Agreement application number was AG2018/2256. The correct title of the Agreement should be “Murdoch Guild of Students Enterprise Agreement 2018”.

[4] In addition at clause 29.5.3 at paragraph 3 of the Agreement there is a reference to “ in clause XZ.” This should be corrected to read clause 29.5.2.

[5] The respondent, Murdoch University Guild of Students, has advised the Commission that it consents to the application being granted.

[6] Section 217 provides for the variation of enterprise agreements to remove ambiguity or uncertainty as follows:

“217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.”

[7] I am satisfied that both the multiple references in the Agreement to the “Murdoch Guild of Students Enterprise Agreement 2015” (underlining added) and the reference to a non-existent clause in section 29.5.3 creates an uncertainty.

[8] Accordingly, the application is granted and the variations as sought, will operate from 6 September 2019.

[9] An order to that effect will now be issued.

Printed by authority of the Commonwealth Government Printer

<AE504702  PR712058>