Box Hill Institute

[2024] FWCA 2987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Box Hill Institute

(AG2024/2444)

BOX HILL INSTITUTE PACCT EMPLOYEE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 13 AUGUST 2024

Application for approval of the Box Hill Institute PACCT Employee Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Box Hill Institute PACCT Employee Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Box Hill 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, 193 and 193A as are relevant to this application for approval 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 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 20 August 2024. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Box Hill Institute, an incorporated association, applied to the Fair Work Commission for approval of the Box Hill Institute PACCT Employee Enterprise Agreement 2023. The application was contested by the Australian Education Union (AEU). The Fair Work Commission was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue was whether the agreement contained all the prescribed terms and was in compliance with the requirements of the Act.

The Commission found that the agreement contained all the prescribed terms as required by the Fair Work Act. The AEU argued that certain provisions of the agreement did not comply with the Act, but the Commission rejected these arguments. The Commission held that the agreement was in compliance with the Act and that it met all the criteria for approval. The Commission noted that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employee rights. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for all parties.

The Fair Work Commission approved the Box Hill Institute PACCT Employee Enterprise Agreement 2023. The Commission found that the agreement met all the criteria for approval under the Fair Work Act and that it provided for a fair and reasonable outcome for all parties. The Commission noted that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employee rights. The AEU's arguments to the contrary were rejected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established