Victoria University Summary

[2014] FWCA 360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria University
(AG2013/12056)

VICTORIA UNIVERSITY ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 14 JANUARY 2014

Application for approval of the Victoria University Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Victoria University Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

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

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The National Tertiary Education Industry 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. In accordance with s.54(1) it will operate from 21 January 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Victoria University recently applied to the Fair Work Commission for approval of the Victoria University Enterprise Agreement 2013. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for registration set out in the Act.

The primary legal issue was whether the agreement provided for the mandatory matters as required by the Fair Work Act. The Act stipulates that an enterprise agreement must cover certain minimum terms and conditions of employment, known as 'mandatory matters'. These include pay rates, classification and grades, hours of work, leave entitlements, and other specific provisions.

The Fair Work Commission found that the agreement did indeed cover all the mandatory matters. The Commission examined each provision of the agreement to ensure compliance with the Act. It found that the agreement contained clauses addressing each of the mandatory matters, including pay rates, classification and grades, hours of work, and leave entitlements, among others. The Commission was satisfied that the agreement provided for all the required mandatory matters and was therefore eligible for registration.

The Fair Work Commission approved the application for registration of the agreement. The decision confirms that the agreement is valid and legally binding on the parties. The approval process ensures that the agreement provides for fair and reasonable terms and conditions of employment, in line with the requirements of the Fair Work Act.

Victoria University

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established