DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulbourn Ovens Institute of TAFE
(AG2016/4423)

GOULBURN OVENS INSTITUTE OF TAFE ENTERPRISE (PACCT) AGREEMENT 2015

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 8 SEPTEMBER 2016

Application for approval of the Goulburn Ovens Institute of TAFE Enterprise (PACCT) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Ovens Institute of TAFE Enterprise (PACCT) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulbourn Ovens Institute of TAFE. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.202(4) of the Act, the model flexibility 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Goulburn Ovens Institute of TAFE applied to the Fair Work Commission for the approval of an enterprise agreement under the Fair Work Act 2009. The application was made by the employer, Goulburn Ovens Institute of TAFE, and the unions involved were the Australian Education Union, Tertiary Education Union and the National Tertiary Education Union. The nature of the dispute involved the terms and conditions of employment for the employees of the Institute, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission was required to decide included whether the agreement met the "better off overall test" and whether it contained any terms that were contrary to public policy or contrary to the spirit of the Act. The Commission also needed to determine whether the agreement had been made in good faith and whether it had been properly negotiated. Additionally, the Commission needed to consider whether the agreement provided for proper processes for the resolution of employee grievances and disputes.

The Commission found that the agreement met the "better off overall test" and that it did not contain any terms that were contrary to public policy or the spirit of the Act. The Commission also found that the agreement had been made in good faith and that it had been properly negotiated. The Commission further found that the agreement provided for proper processes for the resolution of employee grievances and disputes. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Goulburn Ovens Institute of TAFE Enterprise Agreement 2015. The approval was subject to the agreement being registered with the Registrar of the Commission. The agreement will now apply to the employees of the Institute and will remain in force until it is terminated or varied by a future agreement.

Goulbourn Ovens Institute of TAFE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established