National Tertiary Education Industry Union v Victoria University

[2016] FWC 1910 Fair Work Commission 2016-01-01 cited 1×

Source

Cited 1×

Applicant: National Tertiary Education Industry Union

Respondent: Victoria University

Ratio

The Commission made a binding recommendation under the enterprise agreement dispute resolution clause to resolve a dispute about academic workload allocation by approving a transitional allocation framework for Semester 2 2016 and directing the parties to jointly develop a new Academic Workload Framework for 2017 applicable to the merged College.

Outcome

Resolved other

Authority signal

Cited 1× Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 5

NTEU notified a dispute on 23 December 2015 pursuant to s.739 FW Act and clause 59 of the Victoria University Enterprise Agreement 2013
The dispute concerned academic workload allocation and matters arising under the enterprise agreement and the NES
The College of Education and College of the Arts were announced to be merging to form a new combined College
The dispute had been subject to conciliation before the Commission on multiple occasions
A related dispute was filed on 8 March 2016 (C2016/521)

Legislation referenced

Fair Work Act 2009 (Cth) s.739
Fair Work Act 2009 (Cth) — National Employment Standards (NES)
Victoria University Enterprise Agreement 2013 clause 59
Victoria University Enterprise Agreement 2013 clause 45

Concept tags · 3

[S]Enterprise agreement variation [S]Conciliation and arbitration powers [S]Workplace investigation

Principles · 1

articulates para 4

A recommendation made by the Commission under the enterprise agreement dispute resolution clause is binding on the parties.

Archived text (510 words)

National Tertiary Education Industry Union v Victoria University [2016] FWC 1910 (29 March 2016) [2016] FWC 1910 The attached document replaces the document previously issued with the above code on 29 March 2016. MNC number now added. Stephanie Shahine Associate to Commissioner Bissett Dated 29 March 2016 [2016] FWC 1910 FAIR WORK COMMISSION RECOMMENDATION Fair Work Act 2009 s.739 —Dispute resolution National Tertiary Education Industry Union v Victoria University (C2015/7673) COMMISSIONER BISSETT MELBOURNE, 29 MARCH 2016 Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)]. [1] On 23 December 2015 the National Tertiary Education Industry Union (NTEU) notified a dispute to the Fair Work Commission (the Commission) pursuant to s.739 of the Fair Work Act 2009 and clause 59 of the Victoria University Enterprise Agreement 2013 (the 2013 Agreement). [2] This dispute has been subject to conciliation before the Commission on a number of occasions. [3] On 8 March 2013 the NTEU filed an application in relation to a further dispute with Victoria University (C2016/521). [4] Clause 59.6 of the 2013 Agreement allows the Commission to make a recommendation as a method of resolving a dispute. Such a recommendation will be binding on the parties. [5] On 23 March 2016 the Commission was advised by representatives of Victoria University that it had been announced the College of Education and the College of the Arts would merge to form a new College (the combined College). [6] In these circumstances the Commission makes the following recommendation in accordance with clause 59.6 of the 2013 Agreement: 1. The ‘transitional allocation for Semester 1 2016’ in the College of Education (attached) will be utilised for Semester 2 2016 in the College of Education; 2. The use of the ‘transitional allocation for Semester 1 2016’ in Semester 2 2016 is without prejudice to either party and will not be used as precedent in developing an Academic Workload Framework (AWF) for the combined College for 2017; 3. The NTEU will file a notice of discontinuance in relation to C2016/521; 4. The Dean of the College of Education will not proceed with further consultation on the ‘College of Education AWF’; 5. The combined College will commence development of a new AWF in accordance with clause 45 of the Agreement to apply from 2017; 6. The Commission will be available to provide assistance in the process contemplated by paragraph 5 above as necessary. COMMISSIONER ATTACHMENT Academic activity Transitional allocations for Semester 1 2016 Unit Advisor Flag-fall 17.1 hours (1%) plus 15 minutes per student. Course Advisor Flag-fall 51.3 hours (3%) ● For enrolments greater than 50 EFTSL (except for ABED/EBED and ABEC) an additional 45 minutes per EFTSL to be distributed transparently to the relevant staff. ● For ABED/EBED and ABEC, an additional 30 minutes per EFTSL plus 64 points to be distributed transparently to the relevant staff. Year Level Advisor For total course enrolments greater than 45 EFTSL - 30 minutes per EFTSL to be distributed transparently to the relevant staff. Printed by authority of the Commonwealth Government Printer <Price code A, PR578397>