UMSU Incorporated

[2024] FWCA 4244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UMSU Incorporated

(AG2024/4379)

UNIVERSITY OF MELBOURNE STUDENT UNION AGREEMENT 2023-2025

Educational services
COMMISSIONER TRAN	MELBOURNE, 3 DECEMBER 2024

Application for approval of the University of Melbourne Student Union Agreement 2023-2025

UMSU Incorporated has applied for approval of an enterprise agreement known as the University of Melbourne Student Union Agreement 2023-2025 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The National Tertiary Education Industry Union (NTEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the NTEU.

The Agreement is approved and, in accordance with s 54 of the Act and clause 4 of the Agreement, will operate from 10 December 2024.

In accordance with clause 4 of the Agreement, the nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns UMSU Incorporated and the University of Melbourne. The issue at hand is whether the University of Melbourne Student Union Agreement 2023-2025 should be approved as a registered agreement under the Fair Work Act 2009. The Commission was required to determine if the agreement met the necessary criteria for registration, including whether it provided for fair and reasonable terms and conditions for employees and was not contrary to public policy.

The legal issues addressed by the Commission involved assessing the fairness of the terms and conditions of the agreement, the negotiation process, and ensuring compliance with the statutory provisions of the Fair Work Act. The Commission considered whether the agreement provided for a fair and reasonable remuneration structure, working conditions, and dispute resolution mechanisms. The negotiation process was also scrutinized to ensure that it complied with the requirements of genuine and meaningful bargaining.

In reaching its decision, the Commission examined the content of the agreement and the process through which it was negotiated. The Commission found that the agreement contained provisions that were fair and reasonable and did not contravene public policy. The negotiation process was deemed to have been conducted in good faith, with both parties demonstrating a commitment to reaching a fair agreement. Consequently, the Commission approved the agreement as a registered agreement under the Fair Work Act.

The Fair Work Commission has approved the University of Melbourne Student Union Agreement 2023-2025 as a registered agreement. The decision highlights the importance of ensuring that agreements are fair, reasonable, and the result of genuine and meaningful bargaining. This approval provides a framework for the terms and conditions of employment for the employees of the University of Melbourne Student Union, ensuring a balanced approach to the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established