University of Melbourne Graduate Student Association Inc

[2013] FWCA 1160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Melbourne Graduate Student Association Inc
(AG2013/4837)

UNIVERSITY OF MELBOURNE GRADUATE STUDENT ASSOCIATION INC. ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 19 FEBRUARY 2013

Application for approval of the University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

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

[5] The National Tertiary Education Industry Union (NTEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the NTEU.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 26 February 2013. The nominal expiry date of the Agreement is 19 February 2016.

COMMISSIONER

Annexure

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The University of Melbourne Graduate Student Association Inc. (the Association) applied to the Fair Work Commission for approval of the University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2013. The University of Melbourne opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement provided for a fair and efficient workplace and complied with the procedural requirements of the Fair Work Act 2009. The University of Melbourne contended that the agreement failed to address certain aspects of employee representation and consultation, and it did not adequately cover the process for resolving disputes between the parties.

The Commission found that the agreement provided for a fair and efficient workplace, with appropriate safeguards for employees' rights and interests. It considered the agreement to be procedurally sound and compliant with the Fair Work Act 2009. The Commission approved the agreement, noting that it contained provisions for employee representation and consultation, as well as a dispute resolution process. The University of Melbourne's concerns regarding the agreement were ultimately unfounded, and the application for approval was successful.

The Fair Work Commission approved the University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2013, finding it to be fair and efficient, and compliant with the Fair Work Act 2009. The University of Melbourne's opposition to the agreement was dismissed, and the agreement was approved as a registered enterprise agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established