DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Batchelor Institute of Indigenous Tertiary Education T/A Batchelor Institute
(AG2015/6623)

BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION UNION ENTERPRISE AGREEMENT 2015-2017

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 25 NOVEMBER 2015

Application for approval of the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2015-2017 (“the Agreement”). The application has been made by the Batchelor Institute of Indigenous Tertiary Education T/A Batchelor Institute (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. The views of the bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Australian Education Union Northern Territory Branch, the National Tertiary Education Industry Union and United Voice – Northern Territory Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2015-2017 was the subject of an application for approval in the Fair Work Commission. The applicant, the Batchelor Institute, sought the commission's approval of the agreement, which had been negotiated with the union representing the institute's employees. The dispute centred on whether the terms and conditions set out in the agreement were in compliance with the relevant industrial laws and whether they were fair and reasonable.

The legal issues before the commission included whether the agreement provided for a fair and efficient workplace, whether it included appropriate mechanisms for resolving disputes, and whether the terms of the agreement were consistent with the applicable industrial instruments. The commission had to consider the balance of power between the parties, the fairness of the terms, and the overall impact of the agreement on the employees and the institute.

In delivering its decision, the commission found that the agreement contained terms and conditions that were fair and reasonable, taking into account the specific needs and circumstances of the institute and its employees. The commission acknowledged the institute's commitment to providing quality education to Indigenous students and recognised the importance of supporting its employees to achieve this goal. The commission determined that the agreement was consistent with the applicable industrial instruments and approved the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2015-2017.

The final orders of the commission included the approval of the enterprise agreement, which would be in effect from the date of the decision and until such time as it was superseded by a new agreement or terminated in accordance with the relevant industrial laws. The commission also directed that the agreement be published on the institute's website and that copies be provided to the union and the institute's employees.

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