Victoria University

[2025] FWCA 1014

[2025] FWCA 1014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victoria University

(AG2025/561)

VICTORIA UNIVERSITY ENTERPRISE AGREEMENT 2025

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 MARCH 2025

Application for approval of the Victoria University Enterprise Agreement 2025

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

1. The Notice of Employee Representational Rights (NERR) issued by the Employer was prepared using a version of the NERR that applied prior to the 6 June 2023 legislative reforms. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. Having regard to the Employer’s submissions, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.  

1. The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.  

1. Subject to the undertakings, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).  

1. I observe that the entitlement to compassionate leave provided by clause 60 of the Agreement does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s 105(1)(b) of the Act, or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s 105(1)(c) of the Act. It is therefore likely to beinconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The National Tertiary Education Union (NTEU), being a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 31 March 2025. The nominal expiry date of the Agreement is 1 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A