Melbourne Polytechnic

[2022] FWCA 3983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Polytechnic

(AG2022/4590)

Melbourne Polytechnic Academic and Professional Staff Agreement 2022

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 15 NOVEMBER 2022

Application for approval of the Melbourne Polytechnic Academic and Professional Staff Agreement 2022.

Melbourne Polytechnic (the Employer) has made an application for approval of an enterprise agreement known as the Melbourne Polytechnic Academic and Professional Staff Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 15 November 2022 and, in accordance with s.54, will operate from 22 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Polytechnic applied to the Fair Work Commission for approval of the Melbourne Polytechnic Academic and Professional Staff Agreement 2022, which would regulate the employment conditions of academic and professional staff at the institution. The application was made in accordance with the Fair Work Act 2009, and the dispute centred on the terms and conditions outlined in the proposed agreement.

The primary legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for a fair and reasonable safety net of minimum wages and conditions, took into account the need for flexibility and adaptability in the workplace, and allowed for efficient and effective enterprise bargaining. Additionally, the Commission had to consider whether the agreement complied with the principles of good faith bargaining and the avoidance of unnecessary duplication of existing agreements.

In reaching its decision, the Commission considered the submissions and evidence provided by the parties, as well as the relevant statutory provisions and case law. The Commission found that the agreement provided for a fair and reasonable safety net of minimum wages and conditions, and took into account the need for flexibility and adaptability in the workplace. The Commission also found that the agreement allowed for efficient and effective enterprise bargaining, and complied with the principles of good faith bargaining and the avoidance of unnecessary duplication of existing agreements. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Melbourne Polytechnic Academic and Professional Staff Agreement 2022, finding that it met the requirements set out in the Fair Work Act. The agreement will now regulate the employment conditions of academic and professional staff at Melbourne Polytechnic.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established