DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holmesglen Institute
(AG2017/3631)

HOLMESGLEN INSTITUTE ENTERPRISE AGREEMENT (PACCT STAFF) 2016 - 2020

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 19 OCTOBER 2017

Application for approval of the Holmesglen Institute Enterprise Agreement (PACCT Staff) 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Holmesglen Institute Enterprise Agreement (PACCT Staff) 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holmesglen Institute. 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 Holmesglen Institute. 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 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 26 October 2017. The nominal expiry date of the Agreement is 11 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Holmesglen Institute Enterprise Agreement (PACCT Staff) 2016 - 2020. Holmesglen Institute, represented by its CEO, applied for the agreement to be approved, arguing it met the criteria under the Fair Work Act. The applicant submitted that the agreement was fairly negotiated, addressed the needs of both parties, and complied with relevant laws. The Australian Education Union Tertiary and Higher Education Division, representing the employees, contested the approval, claiming the agreement did not adequately address their members' needs and contained provisions that contravened the Fair Work Act.

The central legal issues the Commission needed to address were whether the agreement was fairly negotiated, whether it complied with the statutory requirements under the Fair Work Act, and whether it met the 'better-off, overall test'. The Commission also considered the balance between the parties' bargaining power and the fairness of the agreement's terms to the employees. Additionally, the Commission examined whether the agreement contained any provisions that were contrary to public policy or contrary to the principles of the Fair Work Act.

The Commission found that the Holmesglen Institute had demonstrated that the agreement was fairly negotiated. It held that the agreement met the statutory requirements and passed the 'better-off, overall test'. The Commission noted that while the union had raised concerns about certain provisions, these were adequately addressed in the final agreement. The Commission concluded that the agreement was fair and appropriate for approval, considering the balance of the parties' bargaining power and the overall benefits to the employees. As a result, the Commission approved the Holmesglen Institute Enterprise Agreement (PACCT Staff) 2016 - 2020.

The Fair Work Commission approved the Holmesglen Institute Enterprise Agreement (PACCT Staff) 2016 - 2020, confirming that the agreement met all necessary statutory requirements and was fairly negotiated. The agreement was effective from the date of approval and binding on all parties involved.

Holmesglen Institute

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established