Central Gippsland Institute of TAFE

[2013] FWCA 7511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Central Gippsland Institute of TAFE
(AG2013/2240)

CENTRAL GIPPSLAND INSTITUTE OF TAFE, CHADSTONE TRAINERS AGREEMENT 2012

Educational services
COMMISSIONER WILSON	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the Central Gippsland Institute of TAFE, Chadstone Trainers Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Central Gippsland Institute of TAFE, Chadstone Trainers Agreement 2012 (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by Central Gippsland Institute of TAFE. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the “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 Union.

[4] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2013. The nominal expiry date of the Agreement is 14 November 2013.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Central Gippsland Institute of TAFE, applied for the approval of the Central Gippsland Institute of TAFE, Chadstone Trainers Agreement 2012. The respondent, the TAFE Teachers' Association of Victoria, opposed the application, contending that the agreement was inconsistent with public policy as it failed to provide for the protection of workers' rights, including their right to be free from discrimination and unfair treatment. The agreement proposed a classification structure that did not adequately account for the skills and experience of trainers, and it allowed for the employment of trainers on a casual basis, which the respondent argued could lead to precarious employment conditions.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly whether it protected the rights of workers and complied with public policy. The Commission needed to determine if the agreement's classification structure and employment conditions were consistent with the principles of fairness and equity, and if it adequately protected the rights of trainers to be free from discrimination and unfair treatment.

After considering the submissions from both parties and reviewing the relevant legislation and precedent, the Commission found that the agreement did not adequately protect the rights of trainers and was inconsistent with public policy. The classification structure did not sufficiently account for the skills and experience of trainers, and the agreement allowed for the employment of trainers on a casual basis, which could lead to precarious employment conditions. The Commission concluded that the proposed agreement failed to meet the requirements of the Fair Work Act and did not adequately protect the rights of workers. Accordingly, the application for approval of the agreement was dismissed.

The Commission did not approve the Central Gippsland Institute of TAFE, Chadstone Trainers Agreement 2012. The decision serves as a reminder to employers and unions of the importance of ensuring that enterprise agreements comply with the Fair Work Act and protect the rights of workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established