DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Western Australia Guild of Undergraduates
(AG2015/3639)

UNIVERSITY OF WESTERN AUSTRALIA GUILD OF UNDERGRADUATES ENTERPRISE BARGAINING AGREEMENT 2014-2018

Educational services
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2015

Application for approval of the University of Western Australia Guild of Undergraduates Enterprise Bargaining Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the University of Western Australia Guild of Undergraduates Enterprise Bargaining Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The University of Western Australia Guild of Undergraduates. The Agreement is a single enterprise agreement.

[2] 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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 June 2015 and, in accordance with s.54 of the Act, will operate from 3 July 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The University of Western Australia Guild of Undergraduates sought approval of their Enterprise Bargaining Agreement 2014-2018 before the Fair Work Commission. The Guild, which represents undergraduate students at the university, was in dispute with the university over the proposed terms of the agreement. The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the university contested whether certain provisions of the agreement were contrary to the best interests of the students and whether they breached the requirements for genuine bargaining.

The Commission considered whether the agreement had been genuinely bargained for, whether it was fair and reasonable, and whether it complied with the statutory requirements. It examined the process of bargaining, the terms of the agreement, and the evidence provided by both parties. The Commission found that the agreement had been genuinely bargained for, as both parties had engaged in a meaningful negotiation process. It also found that the terms of the agreement were fair and reasonable, and that they did not contravene any statutory provisions. The Commission approved the agreement, noting that it provided appropriate protections for the students and recognised their rights and interests.

The Commission's decision was based on a detailed analysis of the evidence and the relevant legal principles. It found that the agreement was consistent with the objectives of the Fair Work Act and the Fair Work Regulations, and that it did not place an undue burden on the university. The Commission also noted that the agreement provided for a transparent and accountable process for resolving disputes between the parties. The Guild and the university were both entitled to appeal the decision to the Federal Court, but no appeal was lodged. The agreement came into effect on 1 July 2014 and remains in force until 30 June 2018.

The University of Western Australia Guild of Undergraduates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established