DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian TAFE Association Incorporated T/A Victorian TAFE Association
(AG2018/5071)

VICTORIAN TAFE TEACHING STAFF AGREEMENT 2018

Educational services
COMMISSIONER CRIBB	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Victorian TAFE Teaching Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian TAFE Teaching Staff Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian TAFE Association Incorporated T/A Victorian TAFE Association. The agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Tertiary Education Industry Union (NTEU) and Australian Education Union (AEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers both of these organisations.

[4] The Agreement was approved in Chambers on 12 October 2018 and, in accordance with s.54 of the Act, will operate from 19 October 2018. The nominal expiry date of the Agreement is 11 October 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian TAFE Association Incorporated, trading as the Victorian TAFE Association, applied to the Fair Work Commission for approval of the Victorian TAFE Teaching Staff Agreement 2018. The dispute arose between the association, representing employers, and the Australian Education Union TAFE Branch, representing employees. The application was heard and determined by the Fair Work Commission.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if the agreement provided for the minimum terms and conditions as stipulated by the Act. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and whether it facilitated a productive workplace relationship. Additionally, the Commission examined if the agreement adequately covered essential matters, such as wages, hours of work, and other employment conditions.

The Fair Work Commission determined that the agreement was fair and reasonable, and it provided for the minimum terms and conditions as required by the Act. The Commission found that the agreement covered all essential matters and facilitated a productive workplace relationship. The Commission noted that the agreement incorporated provisions for wage increases, allowances, and other employment conditions that were fair and reasonable. The Commission concluded that the agreement met the criteria for approval and approved the Victorian TAFE Teaching Staff Agreement 2018.

The Commission made orders approving the agreement in its entirety. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The agreement would remain in force until it was terminated, varied, or replaced by a new agreement. The approval of the agreement provided certainty and stability to the employment relationship between the employers and employees in the Victorian TAFE sector.

Victorian TAFE Association Incorporated T/A Victorian TAFE Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established