DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swinburne Student Amenities Association
(AG2015/6752)

SWINBURNE STUDENT AMENITIES ASSOCIATION (SSAA) ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2015

Application for approval of the Swinburne Student Amenities Association (SSAA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Swinburne Student Amenities Association (SSAA) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theSwinburne Student Amenities Association. The Agreement is a single-enterprise agreement.

[2] 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] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2015. The nominal expiry date of the Agreement is 30 September 2019.

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CaseChat Overview and Summary

The applicant, the Swinburne Student Amenities Association (SSAA), sought approval of the Enterprise Agreement 2015, which it had negotiated with Swinburne University of Technology. The SSAA is a registered union representing student workers at the university. The applicant argued that the proposed agreement was fair and reasonable, and thus should be approved under the Fair Work Act 2009. The university, represented by the employer association, contested the approval, claiming that certain provisions of the agreement were unfair and unreasonable.

The primary legal issue before the court was whether the proposed Enterprise Agreement was fair and reasonable within the meaning of the Fair Work Act 2009. The court considered various factors, including the bargaining power of the parties, the process by which the agreement was negotiated, and the content of the agreement itself. The university argued that certain provisions, such as those relating to pay rates and conditions, were unreasonable and should not be approved. The SSAA contended that these provisions were necessary to ensure fair treatment of student workers.

The court found that the agreement was fair and reasonable. It concluded that the bargaining process was conducted in good faith, and the content of the agreement was balanced and reflected the needs of both parties. The court noted that the agreement provided for fair pay rates and working conditions, and that it addressed the specific needs of student workers. The university's arguments regarding the unreasonableness of certain provisions were rejected, as the court found that these provisions were necessary to achieve the goals of the agreement.

The court approved the Enterprise Agreement, and it now serves as the binding agreement between the SSAA and Swinburne University of Technology. The agreement sets out the terms and conditions of employment for student workers at the university, including pay rates, hours of work, and other employment-related matters. The approval of the agreement ensures that student workers are treated fairly and that their rights and interests are protected under the Fair Work Act 2009.

Swinburne Student Amenities Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established