Goulburn Ovens Institute Of Technical And Further Education T/A Gotafe

[2024] FWCA 2884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goulburn Ovens Institute Of Technical And Further Education T/A Gotafe

(AG2024/2426)

GOTAFE PACCT STAFF AGREEMENT 2023

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 AUGUST 2024

Application for approval of the GOTAFE PACCT Staff Agreement 2023

An application has been made for approval of an enterprise agreement known as the GOTAFE PACCT Staff Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 August 2024. The nominal expiry date of the Agreement is 31 December 2024.

The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the National Tertiary Education Industry Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Goulburn Ovens Institute Of Technical And Further Education, trading as Gotafe, which applied for the approval of the GOTAFE PACCT Staff Agreement 2023. The dispute centred around the terms and conditions of employment for certain staff members, specifically those who were part of the PACCT (Professional and Academic Career Training) category. The application was lodged to ensure that the agreement met the legal requirements set forth by the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the proposed agreement contained terms that were consistent with the provisions of the Fair Work Act and the Fair Work Regulations. This included assessing whether the agreement provided for minimum entitlements and whether it allowed for appropriate flexibility in the workplace. Additionally, the Commission had to consider whether the agreement met the criteria for being a single, enterprise-wide agreement as required by the legislation.

In delivering its decision, the Commission thoroughly examined the terms of the proposed agreement, ensuring that it complied with all relevant statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement met all the necessary criteria and approved it, thereby allowing the terms to be implemented for the specified workforce. This decision ensures that the agreement will provide a stable and fair framework for the employment of PACCT staff at Gotafe, while also complying with the legislative requirements designed to protect workers' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established