University of Melbourne Graduate Student Association Inc. T/A University of Melbourne Graduate Student Association

[2017] FWCA 2256

[2017] FWCA 2256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Melbourne Graduate Student Association Inc. T/A University of Melbourne Graduate Student Association
(AG2017/883)

UNIVERSITY OF MELBOURNE GRADUATE STUDENT ASSOCIATION INC. ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 26 APRIL 2017

Application for approval of the University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2017.

[1] On 13 January 2017 the University of Melbourne Graduate Student Association Inc. T/A University of Melbourne Graduate Student Association (Applicant) made an application for approval of the University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 17 March 2017 the Applicant advised that the Agreement was lodged late due to the January shut down period for the Graduate Student Association. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the National Tertiary Education Industry Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 May 2017. The nominal expiry date of the Agreement is 26 April 2020.

COMMISSIONER

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ANNEXURE A