DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo Kangan Institute
(AG2018/6310)

BENDIGO KANGAN INSTITUTE PACCT STAFF ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 FEBRUARY 2019

Application for approval of the Bendigo Kangan Institute PACCT Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo Kangan Institute PACCT Staff Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bendigo Kangan Institute. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[6] 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2018. The nominal expiry date of the Agreement is 5 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Bendigo Kangan Institute, which sought approval of the Bendigo Kangan Institute PACCT Staff Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, specifically seeking the Commission's approval to make the agreement a certified agreement. The dispute centred on the terms and conditions of employment for PACCT staff, including pay rates, classification, and other employment-related matters.

The key legal issues the Commission needed to address included whether the agreement complied with the provisions of the Fair Work Act, and whether it met the criteria for approval as a certified agreement. This involved assessing the agreement's content to ensure it did not contain any terms that were contrary to public policy or otherwise unlawful, and that it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to determine whether the agreement was genuinely negotiated and whether it was appropriate for the Commission to certify the agreement as a registered agreement.

The Fair Work Commission concluded that the Bendigo Kangan Institute PACCT Staff Enterprise Agreement 2018 complied with the requirements of the Fair Work Act. The Commission found that the agreement was fairly negotiated and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement provided for appropriate pay rates and conditions, and did not contain any terms that were contrary to public policy. As a result, the Commission approved the agreement as a certified agreement, and it became effective from the date of the Commission's decision.

The Commission's decision was based on a detailed analysis of the agreement's content and the evidence presented by both parties. The Commission found that the agreement was a genuine and fair agreement that provided for the proper management of the workplace and the fair treatment of employees. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and other employment-related matters. The Commission's decision provides important guidance for employers and employees in the vocational education and training sector, and sets out the requirements for a certified agreement under the Fair Work Act.

Bendigo Kangan Institute

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established