ENTERPRISE AGREEMENTS – approval – ss.183, 185 Fair Work Act 2009 – application for approval of the Victorian TAFE Teaching Staff Multi-Enterprise Agreement 2015 – interim decision [[2015] FWCA 8129] issued to approve agreement – this decision addresses whether NTEU covered by agreement – 2015 agreement ‘rolled-over’ the Victorian TAFE Teaching Multi-Business Agreement 2009 -2009 agreement and 2015 agreement do not further define the scope of either agreement – determination of ‘teacher’ and ‘senior educator’ classifications in 2015 agreement considered – whether NTEU rules provide for coverage of any of the work covered by Agreement – Commission accepted NTEU argument that NTEU rules should be considered as cumulative – drafting technique used in NTEU rules are not unusual drafting technique for union rules – construction principles in Technisearch considered for scope of eligibility for membership of NTEU rules – satisfied that ‘teaching’ and ‘senior educator’ come within class of work that forms substantial part of positions – Commission found NTEU entitled to represent the industrial interests of employees in relation to work performed under the 2015 agreement – Commission to determine whether during period of bargaining the named members of NTEU performed work covered by the 2015 agreement and if NTEU was entitled to represent their industrial interests – Commission satisfied NTEU did participate in bargaining for 2015 agreement – not unusual in a workplace context for employees to move in and out of coverage of enterprise agreement depending on work performed – Commission concluded that NTEU was a bargaining representative and is covered by the agreement. Victorian TAFE Teaching Staff Multi-Enterprise Agreement 2015
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