DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chisholm Institute
(AG2019/2815)

CHISHOLM INSTITUTE PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the Chisholm Institute Professional Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Chisholm Institute Professional Staff Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chisholm Institute. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 3 September 2019 and, in accordance with s.54, will operate from 10 September 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Chisholm Institute, a Registered Training Organisation, and its professional staff, represented by the National Tertiary Education Union. The Institute sought approval of the Chisholm Institute Professional Staff Enterprise Agreement 2018. The Union contested the approval, arguing the agreement failed to meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided adequate protections and entitlements for professional staff. The Union argued that the agreement did not sufficiently cover issues such as leave entitlements, superannuation contributions, and the calculation of penalty rates. The Institute contended that the agreement was a genuine enterprise agreement, negotiated in good faith and meeting all statutory requirements.

The Commission examined the terms of the agreement against the provisions of the Fair Work Act. It found that while the agreement was comprehensive in many respects, it did not adequately address certain entitlements, particularly regarding leave provisions. The Commission also noted that the Institute had failed to provide sufficient evidence of good faith negotiations. Consequently, the Commission did not approve the agreement, citing these deficiencies. The parties were directed to return to the negotiating table to address these issues.

The final orders of the Commission were that the Chisholm Institute Professional Staff Enterprise Agreement 2018 was not approved, and the parties were directed to recommence negotiations to rectify the identified deficiencies. The Commission set a timeline for the parties to report on their progress in addressing the issues.

Chisholm Institute

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established