Australian Education Union v Bendigo Kangan Institute of TAFE

In the case of Australian Education Union v Bendigo Kangan Institute of TAFE, the Australian Education Union (AEU) contested the finalisation of the Building and Construction General (On-Site) Award 2020 by the Bendigo Kangan Institute of TAFE. The dispute centred on the distant work payment provisions included in the award. The Fair Work Commission (FWC) was the court responsible for hearing the case.

The primary legal issue the FWC had to resolve was whether the distant work payment provisions, which were incorporated into the award, were consistent with the relevant industrial instruments and the Fair Work Act 2009. The AEU argued that these provisions were not in line with the award's requirements and should be removed. The FWC had to consider whether the provisions adhered to the statutory framework and the principles of industrial fairness.

The FWC found that the distant work payment provisions were consistent with the relevant industrial instruments and the Fair Work Act. The Commission held that the provisions were not only in line with the award's requirements but also served the purpose of providing clarity and consistency in the industry. The FWC rejected the AEU's argument, emphasising the importance of maintaining a balanced approach to the award's provisions and ensuring they were fair and reasonable. Consequently, the finalisation of the award, including the distant work payment provisions, was upheld.

No further orders were made by the FWC, and the finalisation of the Building and Construction General (On-Site) Award 2020 was confirmed.