University of Melbourne Student Union Incorporated

[2019] FWCA 6752

[2019] FWCA 6752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Melbourne Student Union Incorporated
(AG2019/3223)

UNIVERSITY OF MELBOURNE STUDENT UNION AGREEMENT 2017-2021

Educational services
COMMISSIONER LEE	MELBOURNE, 1 OCTOBER 2019

Application for approval of the University of Melbourne Student Union Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the University of Melbourne Student Union Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by University of Melbourne Student Union Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings 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.

[4] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 31.4 – Public Holidays

•  Clause 32.7 – Annual Leave

•  Clause 34.5 – Excess Annual Leave

•  Clause 36 – Long Service Leave

•  Clause 54.1.2 – Primary Care Givers Leave

•  Clause 54.4.3 – Partner Leave – Eligibility and Entitlement

•  Clause 54.8 – Adoption Leave – Commencement and Cessation

•  Clause 70.2 – Redeployment

However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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Annexure A