DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swinburne Student Union Incorporated T/A Swinburne Student Union
(AG2015/6150)

SWINBURNE STUDENT UNION INCORPORATED COLLECTIVE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2015

Application for approval of the Swinburne Student Union Incorporated Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Swinburne Student Union Incorporated Collective Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Swinburne Student Union Incorporated T/A Swinburne Student Union. 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 Swinburne Student Union Incorporated T/A Swinburne Student Union. 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) of the Act I note that the Agreement covers this organisation.

[5] 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 1 October 2019.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Swinburne Student Union Incorporated, trading as Swinburne Student Union, applied for the approval of the Swinburne Student Union Incorporated Collective Agreement 2015. The application was made under section 231 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement met the requirements for registration under the Fair Work Act.

The key legal issues centred on whether the agreement contained all the permissible provisions under the Act, and whether it had been made in accordance with the procedural requirements outlined in the legislation. Specifically, the Commission needed to assess whether the agreement was a genuine agreement, whether it had been made without coercion, and if it provided for the proper classification of employees and the fair remuneration and conditions of employment.

The Commission found that the agreement was a genuine agreement, made without coercion, and that it contained all the permissible provisions under the Fair Work Act. The agreement had been made through proper consultation and negotiation processes and provided for the proper classification of employees and fair remuneration and conditions of employment. Consequently, the Fair Work Commission approved the agreement.

The final orders of the Commission were that the Swinburne Student Union Incorporated Collective Agreement 2015 be approved and registered under section 231 of the Fair Work Act 2009.

Swinburne Student Union Incorporated T/A Swinburne Student Union

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established