South West Institute of TAFE

[2024] FWCA 2907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South West Institute of TAFE

(AG2024/2544)

SOUTH WEST INSTITUTE OF TAFE (SPECIALIST STAFF) ENTERPRISE AGREEMENT, 2023

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 AUGUST 2024

Application for approval of the South West Institute of TAFE (Specialist Staff) Enterprise Agreement, 2023

An application has been made for approval of an enterprise agreement known as the South West Institute of TAFE (Specialist Staff) Enterprise 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 14 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

In the Fair Work Commission, the South West Institute of TAFE, a Registered Training Organisation, sought approval for the South West Institute of TAFE (Specialist Staff) Enterprise Agreement, 2023. The application involved determining the agreement's compliance with the Fair Work Act 2009 and ensuring it met the requirements for a certified agreement.

The legal issues the court addressed included whether the agreement was genuinely negotiated, whether it met the requirements for a certified agreement, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement provided for minimum entitlements and any other matters prescribed by the Act or regulations.

The court found that the agreement was genuinely negotiated and met the requirements for a certified agreement. The agreement provided for fair and reasonable terms and conditions of employment and complied with the minimum entitlements prescribed by the Act. The court approved the agreement, considering it in the public interest and meeting the requirements of the Fair Work Act 2009. The decision was made under section 235 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established