DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Polytechnic T/A Melbourne Polytechnic
(AG2016/5759)

MELBOURNE POLYTECHNIC PROFESSIONAL ADMINISTRATIVE CLERICAL COMPUTING AND TECHNICAL STAFF AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Melbourne Polytechnic Professional Administrative Clerical Computing and Technical Staff Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Polytechnic Professional Administrative Clerical Computing and Technical Staff Agreement 2016 (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 T/A Melbourne Polytechnic. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 November 2016. The nominal expiry date of the Agreement is 14 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Polytechnic T/A Melbourne Polytechnic sought approval of the Melbourne Polytechnic Professional Administrative Clerical Computing and Technical Staff Agreement 2016. The applicant sought to have the agreement approved as a protected action award. The application was heard in the Fair Work Commission.

The key legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for being a protected action award. The Commission had to consider the nature of the agreement, its content, and whether it was in the public interest to approve it.

The Commission found that the proposed agreement did meet the requirements of the Act. The agreement provided for fair and reasonable terms and conditions of employment, and the Commission was satisfied that it was in the public interest to approve it. The Commission noted that the agreement included provisions for flexible working arrangements, which was an important consideration in the modern workplace. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms, which was another important factor in its decision.

The Commission approved the proposed agreement as a protected action award, subject to certain conditions. The agreement will now be registered and will apply to employees covered by it. The decision provides clarity for employers and employees in the relevant industry, and ensures that the agreement provides for fair and reasonable terms and conditions of employment.

Melbourne Polytechnic T/A 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