Box Hill Institute

Case

[2024] FWCA 2987

13 AUGUST 2024


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE525797 PR778297>

Annexure A

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