Sunraysia Institute of TAFE Summary

[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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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Sunraysia Institute of TAFE for the approval of the Enterprise Agreement 2021 with the Public Administrative, Clerical and Technical and Miscellaneous Workers' Union. This Agreement sought to regulate the terms and conditions of employment for workers employed by the Institute under various classifications. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and the protection of employee interests.

The primary legal issues the court was required to decide included whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act, whether it promoted workplace fairness, and whether it had been negotiated in good faith. Additionally, the court needed to assess whether the agreement adequately protected the interests of the employees and whether it complied with the "better off overall test" to ensure that employees were not worse off under the new agreement.

In delivering the decision, the Fair Work Commission found that the Enterprise Agreement met the legislative requirements and was negotiated in good faith. The court noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and other employment-related matters. It was determined that the agreement would not result in employees being worse off overall, thus satisfying the better off overall test. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, and was in compliance with the principles of the Fair Work Act.

The Fair Work Commission approved the Sunraysia Institute of TAFE Enterprise Agreement 2021, finding that it was a bona fide agreement that met all legal requirements and provided fair terms for the employees. This decision ensures that the agreement will now be in effect, governing the employment conditions of the workers involved.

Sunraysia Institute of TAFE

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established