Victorian Institute of Teaching Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Victorian Institute of Teaching (the Applicant) sought approval of the Enterprise Agreement 2021 (the Agreement). The Agreement governs the terms and conditions of employment for teaching staff in Victoria. The application was heard by the Fair Work Commission (the Commission), a federal body responsible for regulating industrial relations and resolving workplace disputes.

The Applicant argued that the Agreement was fair and reasonable, and should be approved in accordance with the Fair Work Act 2009 (Cth). The Applicant also submitted that the Agreement was necessary to address the unique challenges facing the education sector in Victoria, including the need to attract and retain high-quality teachers. The Commission was required to consider whether the Agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the national workplace relations system.

The Commission found that the Agreement was fair and reasonable, and should be approved. The Commission noted that the Agreement provided for a number of benefits for teachers, including increased pay and improved working conditions. The Commission also found that the Agreement was consistent with the national workplace relations system, and did not contain any provisions that were inconsistent with federal laws or industrial awards. The Commission concluded that the Agreement met the criteria for approval under the Act, and should be approved.

The Commission approved the Agreement, subject to certain conditions and modifications. The Applicant was required to provide certain information to the Commission, including details of any variations to the Agreement and any disputes that arose under the Agreement. The Commission also required the Applicant to ensure that the Agreement was implemented in a fair and reasonable manner, and to take steps to address any issues that arose under the Agreement.

Victorian Institute of Teaching

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established