Goulburn Ovens Institute of TAFE T/A GOTAFE

[2022] FWCA 1436

[2022] FWCA 1436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Goulburn Ovens Institute of TAFE T/A GOTAFE

(AG2022/1156)

GOTAFE PACCT Staff Agreement 2021 - 2023

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 28 APRIL 2022

Application for approval of the GOTAFE PACCT Staff Agreement 2021-2023

1. Goulburn Ovens Institute of TAFE T/A GOTAFE (the Applicant) has made an application for approval of an enterprise agreement known as the GOTAFE PACCT Staff Agreement 2021-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 21 April 2022.

1. On 21 April 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought lodgement of the NERR distribution email sent to employees to ensure agreement pre-approval requirements were met. This email was provided by the Applicant.

·  The parties were notified that the deduction contained at clause 27.3 of the Agreement could be an unenforceable deduction should the Agreement be approved.

·  Clause 23.15.3 regarding personal leave may be inconsistent with the National Employment Standards however the NES precedence term contained at clause 6.3 of the Agreement is deemed to resolve this NES concern.

·  Chambers sought and received submissions regarding the BOOT concern relating to shift definitions/penalties contained at clause 14 of the Agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515813  PR741042>