The Gordon Institute of TAFE

[2024] FWCA 2868

[2024] FWCA 2868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Gordon Institute of TAFE

(AG2024/2575)

THE GORDON INSTITUTE OF TAFE PROFESSIONAL, ADMINISTRATIVE, CLERICAL, COMPUTING AND TECHNICAL (PACCT) STAFF ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER TRAN	MELBOURNE, 5 AUGUST 2024

Application for approval of The Gordon Institute of TAFE Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2024

1. The Gordon Institute of TAFE has applied for approval of an enterprise agreement known as The Gordon Institute of TAFE Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 28A of the Educational Services (Post-Secondary Education) Award 2020 is taken to be a term of the Agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 34 – Compassionate Leave does not provide for circumstances relating to stillbirth or miscarriage as required by s 104(1)(c) of the Act; and

• Clauses 46.3(b) – Family/Domestic Violence Leave excludes casual employees from accessing paid leave, inconsistent with 106A of the Act which includes casual employees in the entitlement.

1. The Agreement contains an effective NES precedence clause at Clause 6.2 of the Agreement. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Subject to the undertakings and other matters 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.

1. 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 August 2024.

1. In accordance with Clause 3.1, the nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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Annexure A