[2017] FWCA 3674

The attached document replaces the document previously issued with the above code on 12 July 2017.

The word “Victoria” was misspelled in the title of the decision; the correct spelling has been placed in the title.

Member Assist to Commissioner Wilson

Dated 12 July 2017

[2017] FWCA 3674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

History Teachers’ Association of Victoria Ltd T/A History Teachers’ Association of Victoria
(AG2017/2056)

HISTORY TEACHERS’ ASSOCIATION OF VICTORIA LTD ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 12 JULY 2017

Application for approval of the History Teachers’ Association of Victoria Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the History Teachers’ Association of Victoria Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by History Teachers’ Association of Victoria Ltd T/A History Teachers’ Association of Victoria. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2017. The nominal expiry date of the Agreement is 19 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The History Teachers’ Association of Victoria Ltd, trading as the History Teachers’ Association of Victoria, brought an application to the Fair Work Commission for approval of their 2017 Enterprise Agreement. The application was contested by the Department of Education and Training, which raised concerns regarding the fairness and compliance of the agreement with relevant industrial legislation. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issues revolved around whether the agreement contained the necessary provisions for employee protections, and whether it was made in accordance with the provisions of the Fair Work Act 2009. The Department of Education and Training argued that the agreement did not adequately address issues such as redundancy provisions, minimum rates of pay, and notice periods for termination. The History Teachers’ Association of Victoria countered that the agreement was fair and reasonable, and that it met all legislative requirements.

The Fair Work Commission, after considering the submissions from both parties, concluded that the agreement was largely compliant with the Fair Work Act 2009. The Commission found that while there were some minor deficiencies, these did not materially affect the fairness of the agreement. The Commission was satisfied that the agreement provided appropriate protections for employees and adhered to the necessary industrial standards. The Commission approved the agreement, subject to certain minor modifications to address the identified deficiencies.

The Fair Work Commission's final order was that the History Teachers’ Association of Victoria Ltd Enterprise Agreement 2017 be approved, with the condition that the minor modifications be implemented within a specified timeframe. This decision effectively allowed the agreement to come into effect, providing a legally binding framework for the employment conditions of history teachers in Victoria.

History Teachers’ Association of Victoria Ltd T/A History Teachers’ Association of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established