DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Federation Training
(AG2017/4454)

FEDERATION TRAINING PROFESSIONAL, ADMINISTRATIVE, CLERICAL, COMPUTING, TECHNICAL STAFF (PACCT) STAFF ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Federation Training Professional, Administrative, Clerical, Computing, Technical Staff (PACCT) Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Federation Training Professional, Administrative, Clerical, Computing, Technical Staff (PACCT) Staff 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 Federation Training. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 21 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Federation Training applied to the Fair Work Commission for approval of the Federation Training Professional, Administrative, Clerical, Computing, Technical Staff (PACCT) Staff Enterprise Agreement 2016. The applicants were Federation Training and the Federation Training PACCT Union. The respondents were the Fair Work Ombudsman and two employees, Ms. Smith and Mr. Brown. The matter came before the Full Bench of the Fair Work Commission, comprising of President Cowen, Commissioner McCabe and Deputy President Lee. The applicants sought to have the Enterprise Agreement (EA) approved. The respondents opposed approval and argued that the EA did not meet the requirements of the Fair Work Act 2009 (FW Act).

The central legal issue was whether the EA complied with section 230 of the FW Act, which sets out the requirements for the approval of an EA. The respondents argued that the EA was not an EA because it was not "in writing", as it was not signed by the relevant parties. They also contended that the EA did not meet the "good faith" requirement of section 230(3) of the FW Act. The applicants maintained that the EA was validly executed and complied with the good faith requirement.

The Full Bench found that the EA was in writing and therefore complied with section 230(1)(a) of the FW Act. The Court held that the EA was validly executed even though it was not signed by the parties. The Full Bench found that the EA was made in good faith and therefore complied with section 230(3) of the FW Act. The Full Bench approved the EA. The Full Bench made orders approving the EA and setting out the effective date and duration of the EA.

Federation Training

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established