DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Batchelor Institute of Indigenous Tertiary Education T/A Batchelor Institute
(AG2019/3726)

BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION UNION ENTERPRISE AGREEMENT 2018-2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 6 NOVEMBER 2019

Application for approval of the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2018-2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Batchelor Institute of Indigenous Tertiary Education T/A Batchelor Institute. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 October 2019.

[3] On 17 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking

[4] On 28 October 2019, a hearing was conducted.

[5] The Applicant has submitted an undertaking in the required form dated 4 November 2019. The undertaking deals with the following topics:

• Severance pay for fixed-term employees will be no less than the notice period as specified in s.119 of the Act.

• The notice period for termination of employment set out in clause 52.1 in the Agreement will also apply for the purposes of abandonment of employment.

• Fixed-term General Staff acting in a senior staff member’s role who are employed above an AO8 on a fixed term contract will receive the following minimum salaries:

• E01.1 rate $133,710, 2018 $137,053, 2019 $139,109, 2020 $141,195

• E01.2 rate $139,059, 2018 $142,535, 2019 $144,674, 2020 $146,844

• E01.3 rate $144,621, 2018 $148,237, 2019 $150,460, 2020 $152,717

• In relation to clause 28 of the Agreement, “Employee Ceasing Employment” refers to notice to be given to the employer by an employee.

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] United Voice, the National Tertiary Education Industry Union and the Australian Education Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Batchelor Institute of Indigenous Tertiary Education T/A Batchelor Institute applied for the approval of the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2018-2020. The application was made under the Fair Work Act 2009, and the dispute centred on whether the agreement met the legal requirements for approval, including compliance with minimum entitlements and procedural fairness.

The legal issues before the court involved the interpretation of the Fair Work Act and its regulations, specifically focusing on whether the agreement was properly negotiated and whether it provided for minimum entitlements as required by law. The court also needed to determine if the agreement was made in good faith and if it was appropriate for the employees covered by the agreement.

The Fair Work Commission determined that the agreement met all the necessary criteria for approval. It found that the agreement was the product of good faith bargaining and provided for all minimum entitlements as required by the Fair Work Act. The Commission also concluded that the agreement was appropriate for the employees it covered, taking into account the unique context of the Batchelor Institute. The court approved the agreement, allowing it to become legally binding on the parties involved.

The final orders of the Commission included the approval of the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2018-2020, which is now a legally binding document governing the employment conditions of the parties involved.

Batchelor Institute of Indigenous Tertiary Education T/A Batchelor Institute

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established