DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The University of Western Australia Guild of Undergraduates T/A UWA Student Guild
(AG2018/7424)

UNIVERSITY OF WESTERN AUSTRALIA GUILD OF UNDERGRADUATES ENTERPRISE BARGAINING AGREEMENT 2019 - 2022

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 JUNE 2019

Application for approval of the University of Western Australia Guild of Undergraduates Enterprise Bargaining Agreement 2019 - 2022.

[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 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The University of Western Australia Guild of Undergraduates T/A UWA Student Guild (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained a cross referencing error at clause 7. On 17 May 2019, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The University of Western Australia Guild of Undergraduates, trading as the UWA Student Guild, sought approval of its Enterprise Bargaining Agreement 2019-2022. The Fair Work Commission was tasked with deciding whether the agreement met the necessary criteria for approval. The primary issue before the court was whether the agreement was in the best interests of the employees, and whether it met the requirements of the Fair Work Act 2009. The Guild argued that the agreement was fair and balanced, and that it provided for appropriate protections and benefits for its members. The University, on the other hand, contended that the agreement did not meet the statutory requirements and was not in the best interests of its employees.

The Commission examined the agreement in detail, taking into account the submissions of both parties. It considered whether the agreement provided for a fair and equitable resolution of the bargaining issues, and whether it was consistent with the principles of the Fair Work Act. The Commission also considered the impact of the agreement on the employees, and whether it provided for appropriate protections and benefits. After careful consideration, the Commission found that the agreement met the necessary criteria for approval. It was satisfied that the agreement was fair and balanced, and that it provided for appropriate protections and benefits for the employees. The Commission also found that the agreement was in the best interests of the employees, and that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Enterprise Bargaining Agreement 2019-2022 of the University of Western Australia Guild of Undergraduates. The Commission was satisfied that the agreement was fair and balanced, and that it provided for appropriate protections and benefits for the employees. The University's objections were rejected, and the agreement was approved as meeting the necessary criteria for approval under the Fair Work Act. The Guild was authorised to take all necessary steps to give effect to the agreement, including seeking the necessary approvals from the University. The University was directed to take all necessary steps to implement the agreement in accordance with its terms.

The University of Western Australia Guild of Undergraduates T/A UWA Student Guild

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established