Victorian Institute of Teaching
[2022] FWCA 2679
•9 AUGUST 2022
| [2022] FWCA 2679 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Institute of Teaching
(AG2022/3140)
Victorian Institute of Teaching Enterprise Agreement 2021
| State and Territory government administration | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 9 AUGUST 2022 |
Application for approval of the Victorian Institute of Teaching Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Victorian Institute of Teaching Enterprise Agreement 2021 (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 Teaching. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Community and Public Sector 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.
The Agreement was approved on 9 August 2022 and, in accordance with s.54, will operate from 16 August 2022. The nominal expiry date of the Agreement is 1 December 2025.
COMMISSIONER
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Annexure A
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