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;

(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

CaseChat Overview and Summary

The case involved the National Tertiary Education Industry Union (NTEU) seeking a variation to the Murdoch Guild of Students Enterprise Agreement 2015. The dispute centred around the terms of employment for casual academic staff at Murdoch University, with the NTEU arguing that changes in workload and responsibilities required adjustments to the existing agreement. The matter was heard in the Fair Work Commission, the tribunal responsible for resolving employment disputes in Australia.

The primary legal issues before the court were whether the proposed changes to the enterprise agreement were necessary due to significant shifts in the working conditions of the casual academic staff, and if these changes were fair and reasonable. The NTEU argued that the changes in workload and responsibilities warranted amendments to the enterprise agreement, while the university contended that the existing terms were sufficient and that any changes should be negotiated through the normal industrial processes. The court had to balance the need for fair and reasonable terms against the principle of maintaining a stable and predictable employment environment.

The Fair Work Commission found that the changes in the nature of work for casual academic staff were significant enough to warrant a variation in the enterprise agreement. The tribunal acknowledged the increased workload and responsibilities, as well as the impact on job security and work-life balance. The court determined that the proposed changes were necessary and reasonable, thereby granting the application for variation. The decision recognised the need for the enterprise agreement to reflect the evolving demands of the academic environment while ensuring that the rights and interests of the casual academic staff were protected.

The final orders included amendments to the Murdoch Guild of Students Enterprise Agreement 2015, reflecting the new terms and conditions for casual academic staff. These amendments addressed the increased workload, responsibilities, and other relevant factors, providing a more equitable framework for the employment of casual academic staff at Murdoch University. The decision underscored the importance of adapting enterprise agreements to changes in the workplace to ensure fairness and compliance with the principles of industrial relations.

National Tertiary Education Industry Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established