DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria University
(AG2019/4191)

VICTORIA UNIVERSITY ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 NOVEMBER 2019

Application for approval of the Victoria University Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Victoria University Enterprise Agreement 2019 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Tertiary Education Industry Union (NTEU) 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.

[4] The Agreement was approved on 21 November 2019 and, in accordance with s.54, will operate from 28 November 2019. The nominal expiry date of the Agreement is 1 September 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Victoria University, an employer, and the Australian Education Union (AEU), a union representing academic staff. The dispute centred on the approval of the Victoria University Enterprise Agreement 2019, which sought to govern the terms and conditions of employment for academic staff. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the appropriate minimum entitlements, contained the necessary good faith provisions, and was certified by the relevant union without coercion, fraud, or other invalidating conduct. Additionally, the Commission needed to assess whether the agreement facilitated a productive workplace relationship and was made in accordance with the procedural requirements of the Act.

The Fair Work Commission determined that the agreement met the statutory requirements for approval. The Commission found that the agreement provided for the appropriate minimum entitlements, contained the necessary good faith provisions, and was certified by the union without coercion, fraud, or other invalidating conduct. The Commission also concluded that the agreement facilitated a productive workplace relationship and was made in accordance with the procedural requirements of the Act. Consequently, the Commission approved the agreement, and it will now apply to the academic staff at Victoria University.

The Fair Work Commission's decision to approve the Victoria University Enterprise Agreement 2019 provides clarity for employers and unions when negotiating enterprise agreements. The Commission's findings on the agreement's compliance with the statutory requirements and its promotion of productive workplace relationships serve as a valuable guide for future negotiations. The approval of this agreement ensures that the academic staff at Victoria University will have their terms and conditions of employment governed by a legally compliant and effective enterprise agreement.

Victoria University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established