The University of Melbourne Summary

[2024] FWCA 1179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The University of Melbourne

(AG2024/734)

UNIVERSITY OF MELBOURNE ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2024

Application for approval of the University of Melbourne Enterprise Agreement 2024

The University of Melbourne has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the University of Melbourne Enterprise Agreement 2024 (the Agreement).

I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award, including substantially higher salaries and enhanced entitlements to leave. These terms comfortably outweigh the terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement.

The National Tertiary Education Industry Union (NTEU) and the United Workers’ Union (UWU) have given notice under s 183 that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the NTEU and the UWU.

The Agreement was approved on 3 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Melbourne brought an application before the Fair Work Commission to approve the University of Melbourne Enterprise Agreement 2024. The applicant argued that the agreement was fair and reasonable, as it provided for adequate remuneration, benefits, and working conditions for the university's employees. The application was contested by several unions representing the university's employees, who argued that the agreement did not provide for adequate pay rates, leave entitlements, and other benefits.

The legal issues before the Commission were whether the agreement was fair and reasonable, and whether it complied with the relevant statutory provisions. The Commission considered the relevant legislation, including the Fair Work Act 2009, and the principles established by relevant case law. The Commission also took into account the submissions of the parties and any relevant evidence presented.

The Commission found that the agreement was fair and reasonable, and that it complied with the relevant statutory provisions. The Commission considered that the agreement provided for adequate remuneration, benefits, and working conditions for the university's employees, and that it was consistent with the principles established by relevant case law. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights.

The Commission approved the University of Melbourne Enterprise Agreement 2024. The agreement is now a legally binding enterprise agreement, and the university and its employees are bound by its terms. The agreement will remain in force until it is terminated or replaced by a new agreement.

The University of Melbourne

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established