Swinburne Student Union Incorporated Summary

[2022] FWCA 1788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Swinburne Student Union Incorporated

(AG2022/1551)

Swinburne Student Union (SSU) Incorporated Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 1 JUNE 2022

Application for approval of the Swinburne Student Union (SSU) Incorporated Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Swinburne Student Union (SSU) Incorporated Enterprise Agreement 2022 (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 Union Incorporated. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
Clause 13 (Notice of termination) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2022. The nominal expiry date of the Agreement is 7 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Swinburne Student Union Incorporated sought approval of the 2022 Enterprise Agreement. The agreement outlined terms and conditions of employment for employees of the Union. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the proper operation of the organisation and the fair treatment of employees. The Union argued that the agreement was necessary to ensure the efficient operation of the organisation and to provide fair and reasonable terms for employees. The Commission considered the evidence presented and found that the agreement met the requirements of the Act. It concluded that the agreement provided for the proper operation of the organisation and the fair treatment of employees. The Commission approved the agreement, noting that it provided for reasonable terms and conditions of employment and did not unfairly discriminate against any group of employees. The Commission made orders approving the agreement and setting out the effective date and duration of the agreement. The agreement was approved and will come into effect on the date specified in the orders.

Swinburne Student Union Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established