Bendigo Kangan Institute T/A Kangan Institute

[2022] FWCA 4080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bendigo Kangan Institute T/A Kangan Institute

(AG2022/4672)

Bendigo Kangan Institute PACCT Staff Enterprise, Agreement 2022

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2022

An application has been made for approval of an enterprise agreement known as the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bendigo Kangan Institute T/A Kangan Institute. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The National Tertiary Education 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 28 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bendigo Kangan Institute T/A Kangan Institute recently sought approval from the Fair Work Commission for the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2022. The application was made by the Institute under section 232 of the Fair Work Act 2009. The agreement in question pertains to the terms and conditions of employment for PACCT staff at the Institute. The nature of the dispute involved ensuring that the proposed agreement complied with all statutory requirements and did not unfairly disadvantage any party.

The legal issues before the Commission centred on the content and fairness of the proposed enterprise agreement. Specifically, the Commission needed to determine whether the agreement met the procedural requirements outlined in the Fair Work Act and whether it provided for fair and reasonable terms. This included assessing whether the agreement adequately covered matters such as wages, hours of work, leave provisions, and other employment conditions. Additionally, the Commission had to consider whether the agreement was negotiated in good faith and whether it complied with the principles of procedural fairness.

In its decision, the Commission examined the negotiation process and the contents of the proposed agreement. The Institute provided evidence of the consultation and negotiation process, demonstrating that it had engaged in good faith with the relevant employee representatives. The Commission found that the agreement was comprehensive and addressed all necessary employment conditions. After reviewing the submissions and evidence, the Commission concluded that the proposed agreement met the statutory requirements and was fair and reasonable. The Commission approved the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2022, effective from 1 January 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established