Sunraysia Institute of TAFE
[2022] FWCA 1041
•24 MARCH 2022
| [2022] FWCA 1041 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sunraysia Institute of TAFE
(AG2022/766)
Sunraysia Institute of TAFE Enterprise (PACCT) Agreement 2021
| Educational services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 24 MARCH 2022 |
Application for the approval of the Sunraysia Institute of TAFE Enterprise (PACCT) Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Sunraysia Institute of TAFE Enterprise (PACCT) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sunraysia Institute of TAFE. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that various clause of the Agreement are potentially inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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) I note that the Agreement covers the organisation.
The Agreement was approved on 24 March 2022 and, in accordance with s 54, will operate from 31 March 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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