DECISION

Fair Work Act 2009
s.185—Enterprise agreement

University of Melbourne
(AG2018/6272)

UNIVERSITY OF MELBOURNE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2019

Application for approval of the University of Melbourne Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the University of Melbourne Enterprise Agreement 2018 (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. 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.

[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 and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the University of Melbourne, sought approval of its Enterprise Agreement 2018, which was entered into under the Fair Work Act 2009. The agreement covered university staff members employed across various faculties and departments. The primary dispute centred on whether the agreement met the criteria for registration and approval under the Act, particularly in relation to the process by which it was negotiated and the adequacy of the consultation with relevant employee representatives.

The legal issues before the Commission involved assessing the fairness and validity of the negotiation process, the compliance of the agreement with the statutory requirements, and whether there were any breaches of the procedural obligations under the Fair Work Act. Specifically, the Commission had to determine if the university adequately consulted with employee representatives during the negotiation process and whether the agreement was made in good faith. Additionally, the Commission needed to ensure that the agreement provided for the proper operation of the university and its employees.

The Commission concluded that the university had met its obligations under the Fair Work Act. It found that the negotiation process was conducted in good faith and that the agreement was fair and reasonable. The Commission was satisfied that the university had engaged in meaningful consultation with employee representatives and that the agreement adequately addressed the needs and interests of both parties. Consequently, the Commission approved the Enterprise Agreement 2018 for registration.

The final orders included the approval of the University of Melbourne Enterprise Agreement 2018, effective from the date of the decision, and mandated its registration with the Fair Work Commission. This decision ensured that the agreement would operate as a legally binding instrument governing the employment terms and conditions for the staff covered by the agreement.

University of Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established