DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Centre for Vocational Education Research Ltd T/A NCVER
(AG2021/6786)

NATIONAL CENTRE FOR VOCATIONAL EDUCATION RESEARCH LTD AGREEMENT 2021-2022

Clerical industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 SEPTEMBER 2021

Application for approval of the National Centre for Vocational Education Research Ltd Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the National Centre for Vocational Education Research Ltd Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Centre for Vocational Education Research Ltd T/A NCVER. 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.

[3] I note that the provisions at clause 70 (Personal leave), clause 74 (Leave without pay), clause 75 (Parental leave) and clause 82 (Redundancy) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] CPSU, the Community and Public Sector 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Centre for Vocational Education Research Ltd T/A NCVER was the applicant in a proceeding before the Fair Work Commission. The dispute concerned the approval of the National Centre for Vocational Education Research Ltd Agreement 2021-2022. The Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement provided for appropriate mechanisms to ensure that employees' terms and conditions of employment were not worse off than those provided for under the relevant award or registered agreement. This involved assessing the provisions of the proposed agreement against the requirements set out in the Fair Work Act and the Fair Work Regulations 2009.

The Commission carefully examined the proposed agreement, focusing on the specific terms and conditions it proposed for employees. The analysis involved considering whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission also assessed whether the agreement contained appropriate dispute resolution mechanisms and compliance measures. The Commission determined that the proposed agreement met the necessary criteria for approval, as it provided for terms and conditions that were at least as favourable as those provided under the relevant award or registered agreement, and included appropriate mechanisms for dispute resolution and compliance. The Commission found that the agreement was fair and reasonable and approved it accordingly.

In its decision, the Commission approved the National Centre for Vocational Education Research Ltd Agreement 2021-2022, effective from 1 July 2021. The Commission's approval was based on the finding that the agreement provided for fair and reasonable terms and conditions of employment, and included appropriate mechanisms for dispute resolution and compliance. The decision confirmed that the agreement was in compliance with the requirements of the Fair Work Act and the Fair Work Regulations 2009.

National Centre for Vocational Education Research Ltd T/A NCVER

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established