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

[2020] FWCA 6698

[2020] FWCA 6698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Institute of Sport Limited t/a Victorian Institute of Sport (VIS)
(AG2020/3557)

VICTORIAN INSTITUTE OF SPORT ENTERPRISE AGREEMENT 2020 - 2021

State and Territory government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Victorian Institute of Sport Enterprise Agreement 2020 - 2021.

[1] Victorian Institute of Sport (VIS) has applied for approval of a single enterprise agreement known as the Victorian Institute of Sport Enterprise Agreement 2020 - 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met, and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] VIS sought to correct a typographical error in the original application, by filing an amended application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement was approved on 11 December 2020 and, in accordance with s.54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2021.

[7] 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.

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