Bendigo Kangan Institute

[2015] FWCA 7308

[2015] FWCA 7308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo Kangan Institute
(AG2015/5390)

BENDIGO KANGAN INSTITUTE PACCT STAFF ENTERPRISE AGREEMENT, 2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 26 OCTOBER 2015

Application for approval of the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Bendigo Kangan Institute. 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 as are relevant to this application for approval have been met.

[3] I note that I raised an issue as to whether the consultation clause of the Agreement met the requirements in s.205. I accepted the joint submission of the parties (ie the employer and the NTEU) that on the proper construction of clause 15 of the Agreement each of the requirements in s.205(1) and (1A) are provided for in the Agreement and they jointly agree that the Agreement should be construed in that way.

[4] The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2015. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT

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