Victorian Institute of Sport Limited (VIS) Summary

[2013] FWCA 6369

The attached document replaces the document previously issued with the above code on 2 September 2013.

By deleting the words ‘Victorian Enterprise Agreement 2013 – 2016’ from the pre-amble and inserting ‘Victorian Institute of Sport Enterprise Agreement 2013 – 2016’

Dean Berman

Acting Associate to Commissioner Wilson

Dated 2 September 2013

[2013] FWCA 6369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Institute of Sport Limited (VIS)
(AG2013/2165)

VICTORIAN INSTITUTE OF SPORT ENTERPRISE AGREEMENT 2013 - 2016

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 2 SEPTEMBER 2013

Application for approval of the Victorian Institute of Sport Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Institute of Sport Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian Institute of Sport Limited. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings annexed to this decision which have been given by the employer.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Victorian Institute of Sport Limited for approval of the Enterprise Agreement 2013-2016. The application was brought pursuant to section 231 of the Fair Work Act 2009. The parties involved were the Victorian Institute of Sport Limited and the Australian Council of Trade Unions. The nature of the dispute was centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, with the unions seeking various amendments to better protect the interests of the employees.

The central legal issue that the Commission had to address was whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the good faith bargaining provisions. The unions argued that the proposed agreement failed to meet these standards, particularly in relation to provisions concerning penalty rates, redundancy and termination of employment. The Victorian Institute of Sport Limited, on the other hand, contended that the agreement was fair and reasonable and that it had engaged in good faith bargaining.

The Commission examined the evidence and submissions from both parties, focusing on the specific provisions of the agreement that were in dispute. The Commission found that while the proposed agreement contained terms that were generally fair and reasonable, there were some provisions that did not meet the standards required by the Fair Work Act. Specifically, the Commission found that the agreement did not provide for adequate redundancy entitlements and did not adequately protect employees' rights in the event of termination of employment. Consequently, the Commission made orders that required amendments to these provisions in order for the agreement to be approved. The Commission approved the agreement with these modifications, ensuring that it complied with the statutory requirements.

Victorian Institute of Sport Limited (VIS)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established