ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute under Victoria University Enterprise Agreement 2013 (Agreement) – dispute concerned University’s proposal to establish a First Year College (FYC) to support first year university students – NTEU’s concern that establishment of FYC may lead to substantially different working arrangements for number of academic staff and possible redundancies for others – number of questions for determination including whether University could engage academic staff in education-focused role other than Academic Teaching and Scholar role, how workload allocations for FYC would be determined, whether University could require FYC staff to work 14 hour teaching load, whether University could determine research allocation for FYC staff and whether University complied with obligations under Clauses 65 and 66 of Agreement – AMWU v Berri P/L considered – Commission satisfied that academic staff of University, including but not limited to Academic Teaching Scholars, could be engaged in roles with education focus under Agreement – both parties agreed that teaching workloads for academic staff in FYC were to be determined in accordance with Academic Workload Model pending confirmation of Academic Workload Framework – also agreed that work allocations, including teaching loads, and research allocations would be in accordance with Academic Workload Model – Commission not satisfied that University contravened Clause 65 of Agreement at this stage as it was actively trying to mitigate potential redundancies and had not yet implemented forced redundancies – in relation to Clause 66 of Agreement, NTEU submitted that University had not complied with its obligations to provide relevant information to staff about proposed establishment of FYC – specifically, NTEU submitted University was required to advise academic staff that Academic Workload Model would apply in relation to FYC until Academic Workload Framework was developed and confirmed – University submitted that this was not information of the type contemplated by Clause 66.3.2 – Clause 66 applied to circumstances where University makes ‘specific major change proposal’ – Commission noted that Clause 66 was not time limited and consultation could occur at any stage of the process – Commission recommended that, within seven days, University advise all academic staff that Academic Workload Model will apply to work allocations for academic staff in FYC pending confirmation of Academic Workload Framework. National Tertiary Education Industry Union v Victoria University
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