DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South West Institute of TAFE
(AG2016/5934)

SOUTH WEST INSTITUTE OF TAFE (SPECIALIST STAFF) ENTERPRISE AGREEMENT, 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 12 DECEMBER 2016

Application for approval of the South West Institute of TAFE (Specialist Staff) Enterprise Agreement, 2016.

[1] An application has been made for approval of an enterprise agreement known as the South West Institute of TAFE (Specialist Staff) Enterprise Agreement, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South West Institute of TAFE. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 was approved on 12 December 2016 and, in accordance with s.54, will operate from 19 December 2016. The nominal expiry date of the Agreement is 15 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the South West Institute of TAFE, which sought approval for the South West Institute of TAFE (Specialist Staff) Enterprise Agreement, 2016. The applicant aimed to have the agreement recognised under the relevant industrial legislation. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. The court needed to determine if the agreement met the criteria for approval, including whether it complied with the minimum terms and conditions set out in the relevant modern awards and if it had been fairly and properly negotiated.

The court thoroughly examined the agreement and considered the submissions made by both parties. The court concluded that the agreement complied with all statutory requirements and was fairly negotiated. The agreement addressed various aspects of employment, including wages, hours of work, and other terms and conditions, in accordance with the relevant modern awards. The court found that the agreement provided a fair and reasonable outcome for both the employees and the employer. Consequently, the court approved the enterprise agreement.

The Fair Work Commission approved the South West Institute of TAFE (Specialist Staff) Enterprise Agreement, 2016, and the decision was registered accordingly. The agreement became legally binding on the parties involved, providing a framework for the employment conditions of specialist staff at the South West Institute of TAFE.

South West 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