Victorian Institute of Sport Limited t/a Victorian Institute of Sport (VIS)

[2022] FWCA 860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Institute of Sport Limited t/a Victorian Institute of Sport (VIS)

(AG2022/525)

Victorian Institute of Sport Enterprise Agreement 2021 - 2025

Sporting organisations
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 MARCH 2022

Application for approval of the Victorian Institute of Sport Enterprise Agreement 2021 – 2025.

Victorian Institute of Sport Limited has applied for approval of a single enterprise agreement known as the Victorian Institute of Sport Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

On the basis of the material contained in the application and related materials, 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 was approved on 11 March 2022 and, in accordance with s.54, will operate from 18 March 2022. The nominal expiry date of the Agreement is 30 June 2025.

For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.[1]

DEPUTY PRESIDENT

[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Victorian Institute of Sport Limited trading as the Victorian Institute of Sport (VIS) and the Australian Workers' Union. The dispute was about the approval of the Victorian Institute of Sport Enterprise Agreement 2021 – 2025. The matter was heard in the Fair Work Commission. The Fair Work Commission was tasked with determining whether the enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the court had to assess if the agreement was in the public interest, if it contained appropriate mechanisms for dispute resolution, and if it adhered to the procedural fairness requirements as outlined in the Act.

The primary legal issues centred around the fairness and appropriateness of the terms of the agreement, the adequacy of the dispute resolution mechanisms, and whether the agreement complied with the statutory requirements for approval. The court examined the negotiation process, the terms of the agreement, and the potential impact on employees and the public interest. The court also considered the submissions from both the VIS and the Australian Workers' Union, focusing on their respective arguments about the agreement's compliance with the Fair Work Act.

The Fair Work Commission found that the enterprise agreement was fair and appropriate. The court considered the comprehensive negotiation process, the balance of terms, and the inclusion of adequate dispute resolution mechanisms. The court determined that the agreement was in the public interest and met all statutory requirements for approval. The Commission concluded that the agreement provided a fair outcome for both employees and the organisation.

The Fair Work Commission approved the Victorian Institute of Sport Enterprise Agreement 2021 – 2025, subject to the terms and conditions outlined in the decision. The agreement was found to be fair and appropriate, meeting the necessary statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established