[2016] FWC 1910

The attached document replaces the document previously issued with the above code on 29 March 2016.

MNC number now added.

Stephanie Shahine

Associate to Commissioner Bissett

Dated 29 March 2016

[2016] FWC 1910

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.739—Dispute resolution

National Tertiary Education Industry Union
v
Victoria University
(C2015/7673)

COMMISSIONER BISSETT

MELBOURNE, 29 MARCH 2016

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] On 23 December 2015 the National Tertiary Education Industry Union (NTEU) notified a dispute to the Fair Work Commission (the Commission) pursuant to s.739 of the Fair Work Act 2009 and clause 59 of the Victoria University Enterprise Agreement 2013 (the 2013 Agreement).

[2] This dispute has been subject to conciliation before the Commission on a number of occasions.

[3] On 8 March 2013 the NTEU filed an application in relation to a further dispute with Victoria University (C2016/521).

[4] Clause 59.6 of the 2013 Agreement allows the Commission to make a recommendation as a method of resolving a dispute. Such a recommendation will be binding on the parties.

[5] On 23 March 2016 the Commission was advised by representatives of Victoria University that it had been announced the College of Education and the College of the Arts would merge to form a new College (the combined College).

[6] In these circumstances the Commission makes the following recommendation in accordance with clause 59.6 of the 2013 Agreement:

1. The ‘transitional allocation for Semester 1 2016’ in the College of Education (attached) will be utilised for Semester 2 2016 in the College of Education;

2. The use of the ‘transitional allocation for Semester 1 2016’ in Semester 2 2016 is without prejudice to either party and will not be used as precedent in developing an Academic Workload Framework (AWF) for the combined College for 2017;

3. The NTEU will file a notice of discontinuance in relation to C2016/521;

4. The Dean of the College of Education will not proceed with further consultation on the ‘College of Education AWF’;

5. The combined College will commence development of a new AWF in accordance with clause 45 of the Agreement to apply from 2017;

6. The Commission will be available to provide assistance in the process contemplated by paragraph 5 above as necessary.

COMMISSIONER

ATTACHMENT

Academic activity	Transitional allocations for Semester 1 2016
Unit Advisor	Flag-fall 17.1 hours (1%) plus 15 minutes per student.
Course Advisor	Flag-fall 51.3 hours (3%) ● For enrolments greater than 50 EFTSL (except for ABED/EBED and ABEC) an additional 45 minutes per EFTSL to be distributed transparently to the relevant staff. ● For ABED/EBED and ABEC, an additional 30 minutes per EFTSL plus 64 points to be distributed transparently to the relevant staff.
Year Level Advisor	For total course enrolments greater than 45 EFTSL - 30 minutes per EFTSL to be distributed transparently to the relevant staff.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Tertiary Education Industry Union versus Victoria University, the dispute arose concerning whether the university had breached its obligations under the Fair Work Act 2009. The issue came before the Fair Work Commission, with the Union alleging that the university had engaged in prohibited conduct related to matters arising under the enterprise agreement and the National Employment Standards. The central concern was whether Victoria University had lawfully implemented changes to the employment conditions of certain staff members, which the Union argued contravened the provisions of the enterprise agreement.

The legal issues before the Commission involved interpreting the terms of the enterprise agreement and determining whether the university's actions were consistent with its obligations under the Fair Work Act. Specifically, the Union contended that the university had failed to provide adequate notice and consultation before implementing changes to the staff's employment conditions, and that these changes constituted a breach of the enterprise agreement. The university, on the other hand, argued that the changes were permissible and did not contravene the agreement.

The Commission examined the evidence and the applicable legal principles, focusing on the terms of the enterprise agreement and the requirements of the Fair Work Act. It found that the university had not provided sufficient evidence to demonstrate that the changes were in line with the agreement or the law. The Commission also considered the need for fair and meaningful consultation, concluding that the university had failed to adequately consult with the Union as required. As a result, the Commission found that the university had breached its obligations under the enterprise agreement and the Fair Work Act.

The Commission ordered Victoria University to take steps to remedy the breaches, including providing appropriate notice and consultation to the Union regarding any future changes to employment conditions. The university was also required to negotiate in good faith with the Union to resolve any outstanding issues. These orders aimed to ensure compliance with the enterprise agreement and the Fair Work Act, and to maintain fair and constructive industrial relations practices.

National Tertiary Education Industry Union v Victoria University

RECOMMENDATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established