[2019] FWCA 7168

The attached document wholly replaces the document previously issued with the code [2019] FWC 7080 on 16 October 2019 to correct document referencing.

Member Assist

On behalf of Deputy President Millhouse

Dated 16 October 2019

Fair Work Act 2009
s.185—Enterprise agreement

Victoria University
(AG2019/2990)

VICTORIA UNIVERSITY VOCATIONAL TEACHER ENTERPRISE AGREEMENT 2019

Application for approval of the Victoria University Vocational Teacher Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Victoria University Vocational Teacher Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Victoria University (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. The undertakings are taken to be terms of the Agreement.

[4] I observe that clauses 32.1 and 32.4 of the Agreement, which limit carer’s leave to the provision of care and support to an employee’s immediate family or household member who is ill, are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Education Union and National Tertiary Education Industry Union 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), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A