Swinburne Student Amenities Association Limited T/A Swinburne Student Life

[2020] FWCA 4256

[2020] FWCA 4256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swinburne Student Amenities Association Limited T/A Swinburne Student Life
(AG2020/2126)

SWINBURNE STUDENT LIFE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 12 AUGUST 2020

Application for approval of the Swinburne Student Life Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Swinburne Student Life Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swinburne Student Amenities Association Limited T/A Swinburne Student Life. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met.

[4] I observe that clause 36 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 19 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508724  PR721795>

Annexure A