DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Centre for Vocational Education Research Ltd T/A NCVER
(AG2019/1098)

NATIONAL CENTRE FOR VOCATIONAL EDUCATION RESEARCH LTD AGREEMENT 2018-2021

Clerical industry
COMMISSIONER BISSETT	MELBOURNE, 24 JUNE 2019

Application for approval of the National Centre for Vocational Education Research Ltd Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the National Centre for Vocational Education Research Ltd Agreement 2018-2021(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] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the National Centre for Vocational Education Research Ltd T/A NCVER was the subject of an application for the approval of the National Centre for Vocational Education Research Ltd Agreement 2018-2021. The application was brought by the NCVER, and it sought the Commission's endorsement of the agreement that outlined the terms and conditions of employment for its employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant statutory provisions and met the necessary criteria for approval. This included examining whether the agreement provided for appropriate minimum terms and conditions of employment, and whether it adhered to the principles of fairness and flexibility as mandated by the Fair Work Act 2009. The Commission also had to consider the extent to which the agreement aligned with broader labour market principles and the public interest.

After careful consideration of the arguments presented by the NCVER and the submissions from interested parties, the Commission found that the proposed agreement was consistent with the statutory requirements. The agreement was deemed to provide fair and reasonable terms and conditions of employment, and it met the criteria for approval under the Fair Work Act. The Commission concluded that the agreement would not have an adverse effect on the labour market or the public interest. Consequently, the application for approval was successful, and the agreement was endorsed by the Commission.

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