Box Hill Institute T/A Box Hill Institute

[2022] FWCA 830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Box Hill Institute T/A Box Hill Institute

(AG2022/285)

Box Hill Institute PACCT Employee Enterprise Agreement 2021

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 MARCH 2022

Application for approval of the Box Hill Institute PACCT Employee Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Box Hill Institute PACCT Employee Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Box Hill Institute T/A Box Hill Institute (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings dated 4 March 2022 Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Post-Secondary) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

The National Tertiary Education Industry Union (NTEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Box Hill Institute, which applied for approval of its Employee Enterprise Agreement 2021. This agreement pertains to its employees covered by the PACCT. The application was contested by the union, United Voice, which raised objections to certain provisions of the agreement, particularly those concerning pay rates, leave entitlements, and working conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009, including ensuring that it provided for minimum terms and conditions and did not disadvantage employees.

The legal issues the Commission needed to address were primarily whether the proposed agreement provided for minimum terms and conditions and whether it was procedurally sound. The Commission examined the fairness and content of the agreement, considering submissions from both Box Hill Institute and United Voice. Key issues included whether the pay rates and leave provisions in the agreement were fair and reasonable, and whether the agreement adhered to the relevant legislative framework. The Commission also needed to determine whether the application process was compliant with the statutory requirements.

In its decision, the Fair Work Commission found that the proposed agreement largely met the requirements of the Fair Work Act. The Commission concluded that the pay rates and leave entitlements were reasonable, and that the agreement provided for the minimum terms and conditions as stipulated by law. The Commission also found that the application process was procedurally valid, with all necessary notifications and submissions properly made. Consequently, the Commission approved the Employee Enterprise Agreement 2021, subject to certain minor modifications to address the union's concerns. The final orders confirmed the approval of the agreement with the specified amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established