Central Gippsland Institute of TAFE T/A GippsTAFE Summary

[2022] FWCA 1107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Gippsland Institute of TAFE T/A GippsTAFE

(AG2022/659)

TAFE Gippsland Professional, Administrative,Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2021

Educational services
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2022

Application for approval of the TAFE Gippsland Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the TAFE Gippsland Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2021 (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 T/A GippsTAFE. 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 and 190 as are relevant to this application for approval have been met.

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 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Central Gippsland Institute of TAFE, trading as GippsTAFE, which sought approval of the TAFE Gippsland Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2021. The application was heard in the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the necessary criteria for approval, including compliance with the good faith bargaining requirement and fairness standards.

The key legal issues before the Commission were whether the agreement was made in good faith, whether it was fairly negotiated, and whether it contained provisions that were consistent with the objectives of the Fair Work Act. The Commission had to consider submissions from both GippsTAFE and the union representing the employees, along with any relevant evidence regarding the bargaining process and the terms of the agreement. Additionally, the Commission examined whether the agreement provided adequate protections and benefits for the employees, and whether it was consistent with the principles of enterprise bargaining.

The Fair Work Commission determined that the agreement was made in good faith and that the bargaining process was fair. The Commission found that all necessary procedural steps were followed, and there was no evidence of coercion or undue influence. The terms of the agreement were also found to be fair and reasonable, providing adequate protections and benefits for the employees. The Commission concluded that the agreement met the statutory requirements for approval, and it was consistent with the objectives of the Fair Work Act. Consequently, the application for approval of the TAFE Gippsland PACCT Staff Enterprise Agreement 2021 was successful.

The final orders of the Commission were that the TAFE Gippsland PACCT Staff Enterprise Agreement 2021 be approved as a certified agreement under the Fair Work Act 2009. This decision ensures that the agreement will be in effect and legally binding for the relevant employees and GippsTAFE, providing a framework for the terms and conditions of employment moving forward.

Central Gippsland Institute of TAFE T/A GippsTAFE

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established