[2019] FWCA 7168

The attached document wholly replaces the document previously issued with the code [2019] FWC 7080 on 16 October 2019 to correct document referencing.

Member Assist

On behalf of Deputy President Millhouse

Dated 16 October 2019

[2019] FWCA 7168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria University
(AG2019/2990)

VICTORIA UNIVERSITY VOCATIONAL TEACHER ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 16 OCTOBER 2019

Application for approval of the Victoria University Vocational Teacher Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Victoria University Vocational Teacher Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Victoria University (Employer). 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] 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. The undertakings are taken to be terms of the Agreement.

[4] I observe that clauses 32.1 and 32.4 of the Agreement, which limit carer’s leave to the provision of care and support to an employee’s immediate family or household member who is ill, are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Education Union and National Tertiary Education Industry 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Victoria University applied to the Fair Work Commission for approval of the Victoria University Vocational Teacher Enterprise Agreement 2019. The application was made under section 231 of the Fair Work Act 2009. The Fair Work Union opposed the application, raising concerns about the agreement's provisions regarding wages and conditions for vocational teachers. The dispute centred on whether the agreement met the requirements of the Act and whether it provided appropriate protections for the employees involved.

The central legal issues before the Commission were whether the agreement provided for the prescribed minimum rates of pay and conditions, and whether it met the "better off overall test". The Commission considered whether the agreement provided employees with fair compensation and protections, and whether it complied with the legislative framework governing enterprise agreements.

In delivering its decision, the Commission acknowledged the importance of vocational education and the role of vocational teachers in delivering quality education. It found that the agreement provided for the prescribed minimum rates of pay and conditions, and met the better off overall test. The Commission noted that the agreement provided for a range of protections for employees, including provisions for leave, penalty rates, and dispute resolution. It concluded that the agreement was in the best interests of the employees and should be approved.

The Fair Work Commission approved the Victoria University Vocational Teacher Enterprise Agreement 2019, finding that it met the requirements of the Fair Work Act. The Commission highlighted the importance of vocational education and the role of vocational teachers in delivering quality education. It found that the agreement provided fair compensation and protections for employees, and met the better off overall test. The Commission's decision provides clarity for employers and employees in the vocational education sector, and sets a benchmark for future enterprise agreements in the industry.

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