Victoria University

[2025] FWCA 2004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victoria University

(AG2025/1707)

VICTORIA UNIVERSITY VOCATIONAL TEACHER ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 18 JUNE 2025

Application for approval of the Victoria University Vocational Teacher Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Victoria University Vocational Teacher Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victoria University. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

The Australian Education Union and the National Tertiary Education Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 25 June 2025. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Victoria University Vocational Teacher Enterprise Agreement 2025. The matter was brought before the Fair Work Commission. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically those relating to employment, wages, and other working conditions for vocational teachers at Victoria University.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of providing a fair and efficient means of resolving workplace issues. The Commission also had to consider whether the agreement included provisions that were not genuinely agreed upon by the parties and whether it was likely to be effective in providing for the resolution of workplace issues in an efficient manner.

In its decision, the Commission examined the terms of the proposed agreement, taking into account the evidence provided by the parties. The Commission found that the agreement was fair and efficient, as it contained provisions that were genuinely agreed upon by the employer and the employees, and that it would effectively resolve workplace issues. The Commission also considered the nature of the employment and the need for a flexible and adaptable agreement that could accommodate the changing needs of the university and its employees. Ultimately, the Commission approved the Victoria University Vocational Teacher Enterprise Agreement 2025, finding that it met the requirements of the Fair Work Act 2009.

The Commission's final orders included the approval of the agreement, which will now be binding on all parties involved, subject to any variations or modifications that may be agreed upon in the future. The agreement will provide a framework for the employment of vocational teachers at Victoria University, ensuring that their rights and obligations are clearly defined and that any disputes can be resolved efficiently and fairly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established