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

[2022] FWCA 4124

[2022] FWCA 4124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4548)

University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 25 NOVEMBER 2022

Application for approval of the University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the University of Melbourne Graduate Student Association Inc. Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by University of Melbourne Graduate Student Association Inc. T/A University of Melbourne Postgraduate Assoc Inc (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, 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.

1. Clauses 46.4.3 and 47.9 of the Agreement provide that if it is not practicable for the employee to give prior notice of absence, the employee shall notify their line manager (or other delegated person) by telephone of their absence at the first opportunity on the day of absence. To the extent that this requirement may be inconsistent with s 107(2) of the Act, I am satisfied the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES, noting clause 7.2 of the Agreement.

1. 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 December 2022. The nominal expiry date of the Agreement is 25 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A