DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Gordon Institute of TAFE
(AG2021/6129)

THE GORDON INSTITUTE OF TAFE PROFESSIONAL, ADMINISTRATIVE, CLERICAL, COMPUTING AND TECHNICAL (PACCT) STAFF ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 28 JULY 2021

Application for approval of the Gordon Institute of TAFE Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gordon Institute of TAFE Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Gordon Institute of TAFE. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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 is approved and in accordance with s.54, will operate from 4 August 2021. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Gordon Institute of TAFE applied for approval of the Gordon Institute of TAFE Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2020. The applicant sought an approval of this agreement for a period of five years. The application was heard in the Fair Work Commission. The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the criteria for approval, including whether it facilitated the efficient operation of the employer’s business and whether it provided for the fair and equitable treatment of employees.

The Fair Work Commission examined the agreement to ensure it complied with the legislative framework, particularly focusing on the provisions regarding minimum wages, penalties, and procedural fairness. The Commission considered the submissions from both the applicant and the respondents, as well as the broader context of industrial relations in the vocational education sector. The court found that the agreement was comprehensive and contained provisions that aligned with the statutory requirements. It concluded that the agreement facilitated the efficient operation of the employer’s business, provided for the fair and equitable treatment of employees, and met the other criteria for approval under the Act.

Having reviewed the evidence and submissions, the Fair Work Commission approved the Gordon Institute of TAFE Professional, Administrative, Clerical, Computing and Technical (PACCT) Staff Enterprise Agreement 2020. The approval was granted on the basis that the agreement complied with the requirements of the Fair Work Act 2009 and was deemed to be in the interests of promoting workplace harmony. The court issued its decision and approval on [specific date], thereby formalising the agreement as a legally binding document for the stipulated period.

The Gordon 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