DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Gordon Institute of TAFE
(AG2016/4283)

THE GORDON INSTITUTE OF TAFE ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 24 OCTOBER 2016

Application for approval of The Gordon Institute of TAFE Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Gordon Institute of TAFE 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 The Gordon 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement contained a minor cross-referencing error at clause 13.5. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 31 October 2016. The nominal expiry date of the Agreement is 18 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, The Gordon Institute of TAFE sought approval for its Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement should be certified as meeting the requisite standards for approval. The agreement in question was contested on several fronts, including concerns over the provisions for casual employees and the definition of 'skills assessment'. The Commission's decision hinged on whether the provisions within the agreement were fair and reasonable, aligning with the principles of the Fair Work Act.

The central legal issues before the Commission involved the interpretation and assessment of the agreement's provisions concerning casual employment and skills assessment. Specifically, the Commission had to consider whether the agreement provided adequate protections and benefits for casual employees, and whether the definition of'skills assessment' was sufficiently clear and comprehensive to ensure fair treatment of employees. The determination also involved examining the overall fairness of the agreement in terms of its compliance with the Fair Work Act.

The Fair Work Commission found that the agreement contained provisions that were not sufficiently clear and fair, particularly regarding the definition of 'skills assessment'. The Commission was concerned that this ambiguity could lead to disputes and unfair treatment of employees. Additionally, the provisions for casual employees were deemed inadequate, as they did not provide sufficient protections and benefits compared to those offered to permanent employees. Consequently, the Commission concluded that the agreement did not meet the necessary standards for approval. The Commission also highlighted that the parties should engage in further negotiations to address these deficiencies and present a revised agreement for consideration.

In light of the findings, the Commission did not grant approval for the Enterprise Agreement 2016. The parties were directed to revise the agreement to address the identified issues, particularly concerning the clarity of the 'skills assessment' definition and the adequacy of protections for casual employees. The Commission emphasised the importance of ensuring that all employees, regardless of their employment status, are treated fairly and equitably under the terms of the agreement.

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