DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Ovens Institute of TAFE
(AG2018/7354)

GOULBURN OVENS INSTITUTE OF TAFE ENTERPRISE (PACCT) AGREEMENT 2017

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 17 APRIL 2019

Application for approval of the Goulburn Ovens Institute of TAFE Enterprise (PACCT) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Ovens Institute of TAFE Enterprise (PACCT) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Ovens Institute of TAFE. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Tertiary Education Industry Union (NTEU) 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 is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Goulburn Ovens Institute of TAFE sought approval for a proposed enterprise agreement, the Goulburn Ovens Institute of TAFE Enterprise (PACCT) Agreement 2017, from the Fair Work Commission. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 and should be registered. The dispute centred on various provisions within the agreement, including those related to wages, hours of work, leave entitlements, and other employment conditions for certain employees.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable method of determining the wages of employees, whether it included appropriate terms and conditions for employee leave and other entitlements, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement was made in good faith and whether it met the requirements for being a ‘single enterprise agreement’ under the Act.

In reaching its decision, the Fair Work Commission examined the provisions of the proposed agreement against the statutory requirements and existing legal precedents. The Commission found that the agreement contained provisions that were consistent with the principles of fairness and reasonableness, and that it met the necessary criteria for registration. The Commission also concluded that the agreement was made in good faith and complied with the requirements of the Fair Work Act. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the Goulburn Ovens Institute of TAFE Enterprise (PACCT) Agreement 2017, and it was registered accordingly. The agreement now forms the basis for the employment terms and conditions of the relevant employees within the Goulburn Ovens Institute of TAFE.

Goulburn 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