DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria University
(AG2015/6493)

VICTORIA UNIVERSITY (TAFE TEACHING STAFF) ENTERPRISE AGREEMENT 2014-2016

Educational services
COMMISSIONER BISSETT	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Victoria University (TAFE Teaching Staff) Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Victoria University (TAFE Teaching Staff) Enterprise Agreement 2014-2016 (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] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Australian Education Union, 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 11 November 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Victoria University, sought approval from the Fair Work Commission for the Victoria University (TAFE Teaching Staff) Enterprise Agreement 2014-2016. The respondents, various unions representing TAFE teaching staff, opposed the application on several grounds, including that the agreement did not provide for a fair and reasonable level of remuneration and that it failed to adequately protect the rights of employees. The dispute was heard in the Fair Work Commission of Australia.

The legal issues before the Commission involved determining whether the agreement met the "better off overall test" as required by section 230 of the Fair Work Act 2009. This test required the Commission to assess if the proposed agreement would provide employees with a level of remuneration and other benefits that was at least as good as what they would receive under the applicable award or safety net. The Commission also needed to consider whether the agreement was in the interests of employees, taking into account factors such as the need for flexibility in the workplace and the importance of maintaining a productive and harmonious workplace.

In delivering its decision, the Commission first considered the provisions of the proposed agreement in relation to remuneration, entitlements, and conditions of employment. The Commission found that the agreement provided for a fair and reasonable level of remuneration and benefits for employees, taking into account the current economic climate and the need for flexibility in the workplace. The Commission also noted that the agreement included provisions for the protection of employee rights, such as provisions for consultation and dispute resolution. Based on these findings, the Commission determined that the agreement met the "better off overall test" and was in the interests of employees.

The Fair Work Commission approved the Victoria University (TAFE Teaching Staff) Enterprise Agreement 2014-2016, finding that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission's decision was based on its assessment that the agreement provided for fair and reasonable remuneration and conditions of employment, as well as protections for employee rights. The approval of the agreement means that it will now become a legally binding contract between Victoria University and its TAFE teaching staff.

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