Gippsland Institute Of Technical And Further Education T/A TAFE Gippsland Summary

[2024] FWCA 2643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gippsland Institute Of Technical And Further Education T/A TAFE Gippsland

(AG2024/2394)

TAFE GIPPSLAND PROFESSIONAL, ADMINISTRATIVE, CLERICAL, COMPUTING AND TECHNICAL (PACCT) STAFF ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 16 JULY 2024

Application for approval of the TAFE Gippsland Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2023

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 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland Institute Of Technical And Further Education T/A TAFE Gippsland. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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, will operate from 23 July 2024. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Gippsland Institute of Technical and Further Education trading as TAFE Gippsland Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2023 was heard in the Fair Work Commission. The applicants sought to have the enterprise agreement approved as meeting the requirements of the Fair Work Act 2009. The agreement in question was entered into between the employer, TAFE Gippsland, and the union representing the employees, the National Tertiary Education Union (NTEU). The dispute centred on whether the agreement contained terms and conditions that complied with the provisions of the Fair Work Act, including the requirement that the agreement provides for a safety net of minimum wages and conditions, and ensures fair and reasonable terms and conditions.

The legal issues before the Court were whether the proposed enterprise agreement provided for a safety net of minimum wages and conditions, and if it was fair and reasonable. The Court had to consider whether the agreement met the statutory requirements set out in the Fair Work Act, including the need for the agreement to include provisions for minimum wages and conditions and to be fair and reasonable. The Court also considered whether the agreement provided for adequate consultation processes between the parties and whether it allowed for the resolution of disputes.

The Fair Work Commission found that the proposed enterprise agreement did provide for a safety net of minimum wages and conditions, and that it was fair and reasonable. The Commission noted that the agreement provided for minimum wage rates that were at or above the relevant award rates, and that it contained provisions for additional benefits such as paid parental leave and flexible working arrangements. The Commission also found that the agreement provided for adequate consultation processes between the parties and allowed for the resolution of disputes through a formal dispute resolution process. The Commission concluded that the agreement met the statutory requirements of the Fair Work Act, and approved the enterprise agreement.

The Court's final orders were that the Gippsland Institute of Technical and Further Education trading as TAFE Gippsland Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2023 be approved as meeting the requirements of the Fair Work Act. The agreement was to come into effect from the date of the Commission's decision and be registered with the Fair Work Commission. The Court's decision provides certainty for both the employer and the employees, and ensures that the agreement provides for a fair and reasonable safety net of minimum wages and conditions.

Gippsland Institute Of Technical And Further Education T/A TAFE Gippsland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established