VECTEA & VIT Full Registration: What If Clause 52 Leave Is Denied?
This is my interpretation of the VECTEA and not formal legal advice. If you're unsure or if there's pushback from your employer, it’s a good idea to get confirmation from your union or an employment advisor.
Part 2
Let’s jump straight in to part two of our deep dive into how the VECTEA protects ECTs undertaking the VIT Full-registration process. What options do teachers have when their employers don’t come to the table?
If an employer refuses to provide Clause 52 leave under the VECTEA 2020 to an employee undertaking their VIT full registration process, serious legal and industrial relations issues are raised. Clause 52 is not optional, it’s an entitlement under the enterprise agreement, which is a legally binding document. Here's what that means in detail:
1. Clause 52 Leave is a Legal Entitlement
Under the VECTEA 2020:
Clause 52(a) gives a provisionally registered teacher up to 4 days of paid leave to complete the full registration process.
Clause 52(c) says that while the employer approves the timing, they must not unreasonably refuse the leave request.
This means that if you’re working under the VECTEA 2020 Agreement your employers cannot simply deny the leave or refuse to engage with the request. They can discuss when it's taken, but not whether it can be taken (unless there's a very good reason, e.g. operational necessity, and even then they must work with the employee to find a solution).
2. If an Employer Refuses Without Just Cause...
It may amount to a:
Breach of the Enterprise Agreement (VECTEA 2020)
Denial of a workplace right under the Fair Work Act 2009 (Cth)
This could expose the employer to:
A dispute under the agreement (which can be escalated to Fair Work Commission if unresolved)
Legal action for failing to meet their industrial obligations
Union involvement or intervention (if the employee is a member of the IEU or another union)
3. What Can an Employee Do if Leave is Refused?
Step 1: Put the request in writing
Clearly state that you're requesting Clause 52 leave under VECTEA 2020.
Outline the purpose (e.g. mentoring meeting, observation, documentation preparation).
Suggest suitable times, showing flexibility.
Step 2: If refused, ask for written reasons
The employer must provide a reasonable explanation.
If they refuse to explain or engage, you can argue it's unreasonable refusal.
Step 3: Escalate if needed
Speak to your union (e.g. Independent Education Union – IEU Vic/Tas) if you're a member.
Lodge a grievance or dispute internally through your employer’s dispute resolution procedure (usually outlined in your employee handbook or the EBA itself).
If unresolved, escalate to the Fair Work Commission via dispute resolution mechanisms in the agreement.
If you find yourself in this situation you may find this raft to request your Clause 52 Leave from your Employer useful to update and forward to your employer:
Dear [Manager's Name],
I am currently undertaking the process to move from provisional to full registration with the Victorian Institute of Teaching (VIT). In line with Clause 52(a) of the VECTEA 2020 agreement, I am requesting paid leave for the purpose of completing the requirements for full registration.
I would like to take [X hours/days] on [proposed dates] to [state the activity: e.g. attend a mentoring session, prepare registration documents, attend a recommendation panel, etc]. I am happy to discuss timings to ensure minimal disruption to the program.
I look forward to your approval and support in meeting this professional obligation.
Kind regards,
[Your Name]
Bottom Line
If you're entitled to leave under Clause 52 and your employer refuses without reasonable cause, it's likely a breach of the agreement.
You have a strong case to:
Challenge the refusal, and
Seek union or legal support if necessary.