White J indicated that enterprise agreements are approved by the Fair Labour Commission through negotiations, votes and approval. An enterprise agreement is required for authorisation. His honor said: „It is natural to assume that the parties … the result is defined as a binding and enforceable agreement“: . In accordance with this intention, the language which must „avoid“ dismissals was a compulsory language: to . The third sentence supported this view, since the university would reserve its „right“ only if an obligation had been imposed on it: . It is important to keep in mind that desirable statements can also be representations or uses against a party in dispute resolution proceedings, in order to argue a preferred interpretation or to find a solution. It may therefore be necessary to say that we should not be dependent on ambitious issues. This supports our view that such ambitious statements should not be included in an agreement at all. At the University of Melbourne, management is questioning the change to the company agreement for employees this week. This change would reduce wages by 2.2% – one weekly allowance per year – and reduce severance pay.
The union opposes this variant and asserts that management cannot be trusted and that „if the university is so serious about job salvage, why are there no enforceable provisions for the job economy in its proposed variant?“ These are exactly the arguments that NTEU Fightback activists have put forward all the time. The Trobe U follows U Tas and UWA in guaranteeing an enterprise agreement between employees and with strong majorities. In all three cases, management worked with union leaders on campus and placed the proposal first with its members. In contrast, the University of Melbourne and the University of Wollongong have lost decisive austerity proposals that have been rejected by trade unions. A weekend vote by members of the National Tertiary Education Union, who worked in La Trobe, allowed 74.3 percent of employees to accept the proposed change to their enterprise agreement, while 25.7% rejected the deal. The interpretation of a clause in an employment contract or enterprise agreement should be a direct exercise for the parties who developed or negotiated it. Unfortunately, many agreements are not developed with clarity and precision and do not reflect a real meeting of minds. The members` voting calendar was published on an NTEU website called savelatrobejobs. This highly dubious campaign slogan was linked to the online ballot itself, as well as the erroneous assertion that the union supports the changes.