DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Institute of Teaching
(AG2018/58)

THE VICTORIAN INSTITUTE OF TEACHING ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER SAUNDERS	NEWCASTLE, 5 APRIL 2018

Application for approval of the Victorian Institute of Teaching Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Institute of Teaching Enterprise Agreement 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 Teaching. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Institute of Teaching brought an application to the Fair Work Commission, seeking approval of the Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for teachers within the state of Victoria. The Commission was required to determine whether the proposed agreement complied with the relevant legislation and if it was in the best interests of the employees and the broader community.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement provided for the minimum entitlements, allowed for proper consultation, and was free from any unfair content. The Commission also considered the impact of the agreement on the broader educational system in Victoria.

The Commission found that the proposed agreement met the necessary legal criteria. The agreement provided for minimum entitlements and was the product of proper consultation processes. Furthermore, the Commission determined that the agreement did not contain any unfair content and would not have an adverse effect on the broader community. Consequently, the Commission approved the Enterprise Agreement 2016.

The Fair Work Commission approved the Victorian Institute of Teaching Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act 2009 and in the best interests of the employees and the broader community. The agreement was set to commence on the first day of the first calendar month following the date of the Commission's decision.

Victorian Institute of Teaching

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established