DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Box Hill Institute
(AG2016/7311)

BOX HILL INSTITUTE PACCT EMPLOYEE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2017

Application for approval of the Box Hill Institute PACCT Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Box Hill Institute PACCT Employee Enterprise Agreement 2016 (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.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Box Hill Institute, an educational institution, and its employees. The dispute centred on the approval of the Box Hill Institute PACCT Employee Enterprise Agreement 2016. The applicants, on behalf of the employees, sought the Commission's approval for the agreement, which aimed to regulate the terms and conditions of employment for certain staff members.

The primary legal issues before the Commission were whether the agreement provided for the minimum terms as required by the Fair Work Act 2009 and whether it complied with the procedural fairness requirements set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement met the statutory minimum standards concerning wages, leave entitlements, and other employment conditions. Furthermore, the Commission needed to determine if the process of developing and agreeing upon the terms was fair and whether the agreement was made in good faith.

In rendering its decision, the Commission found that the Box Hill Institute PACCT Employee Enterprise Agreement 2016 provided for the minimum terms as mandated by the Fair Work Act 2009. The Commission determined that the agreement included provisions for wages, leave entitlements, and other employment conditions that met or exceeded the statutory minimum standards. Additionally, the Commission was satisfied that the process of developing and agreeing upon the terms was fair, and the agreement was made in good faith. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Box Hill Institute PACCT Employee Enterprise Agreement 2016, effective from the date of the decision. The agreement was to govern the terms and conditions of employment for the employees covered by the agreement, and the Commission's approval ensured its enforceability under the Fair Work Act 2009.

Box Hill Institute

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established