DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Institute of Sport Limited (VIS)
(AG2016/6658)

VICTORIAN INSTITUTE OF SPORT ENTERPRISE AGREEMENT 2016-2020

State and Territory government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 20 DECEMBER 2016

Application for approval of the Victorian Institute of Sport Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Institute of Sport Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Institute of Sport Limited (VIS) T/As Victorian Institute of Sport. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 was approved on 20 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Institute of Sport Limited applied for approval of the Victorian Institute of Sport Enterprise Agreement 2016-2020. The application was made to the Fair Work Commission by the VIS, and the decision was made by Commissioner McGlynn. The dispute centred around the enterprise agreement, which was being contested by the Australian Council of Trade Unions, the Australian Services Union, and the National Tertiary Education Union.

The Commission was required to decide whether the agreement contained the required provisions, was made in accordance with the relevant laws, and satisfied the "better off overall test" as outlined in the Fair Work Act. The "better off overall test" required the Commission to consider whether the employees were better off overall with the agreement in place compared to their previous conditions. The Commission also had to consider the fairness of the agreement's provisions.

Commissioner McGlynn determined that the agreement contained the necessary provisions and was made in accordance with the Fair Work Act. The Commission found that the agreement satisfied the "better off overall test" and was fair. The VIS had demonstrated that the agreement provided for improved conditions for employees, including increased pay rates and better access to training opportunities. The Commission approved the enterprise agreement, and it came into effect on 1 July 2016.

Victorian Institute of Sport Limited (VIS)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established