DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Polytechnic
(AG2018/779)

MELBOURNE POLYTECHNIC MISCELLANEOUS WORKERS AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 24 MAY 2018

Application for approval of the Melbourne Polytechnic Miscellaneous Workers Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Polytechnic Miscellaneous Workers 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 Melbourne Polytechnic. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 20 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Melbourne Polytechnic, applied to the Fair Work Commission for approval of the Melbourne Polytechnic Miscellaneous Workers Agreement 2017. The respondents were the Victorian Secondary Teachers’ Association, the Australian Education Union, and the Tertiary Education Union. The agreement was intended to cover certain casual, part-time, and temporary staff. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the commission was whether the agreement provided for a fair and efficient workplace while adequately protecting the rights and interests of the employees covered by the agreement. This required consideration of whether the agreement complied with the criteria set out in the Fair Work Act and whether it met the requirements for good faith bargaining.

The commission found that the agreement was made in good faith and that the parties had engaged in genuine and meaningful bargaining. It held that the agreement provided for fair and efficient workplace arrangements and adequately protected the rights and interests of the employees. The commission approved the agreement, noting that it provided for appropriate terms and conditions for the employees, including minimum rates of pay, leave entitlements, and dispute resolution procedures. The respondents did not appeal the decision.

The Fair Work Commission approved the Melbourne Polytechnic Miscellaneous Workers Agreement 2017, finding it to be a fair and efficient workplace agreement that adequately protected the rights and interests of the employees. The commission held that the agreement met the requirements for good faith bargaining and complied with the criteria set out in the Fair Work Act. The approval of the agreement ensures that the employees covered by it have appropriate terms and conditions of employment.

Melbourne Polytechnic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established