The Gordon Institute of TAFE

[2013] FWCA 1556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Gordon Institute of TAFE
(AG2013/448)

THE GORDON INSTITUTE OF TAFE ENTERPRISE AGREEMENT 2011

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 MARCH 2013

Application for approval of The Gordon Institute of TAFE Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as The Gordon Institute of TAFE Enterprise Agreement 2011 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2013. The nominal expiry date of the Agreement is 6 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Gordon Institute of TAFE sought approval for its 2011 Enterprise Agreement. The application was heard by the Fair Work Commission. The main parties involved were The Gordon Institute of TAFE and its employees, represented by the Australian Education Union.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, specifically sections concerning minimum entitlements and the process for approving such agreements. The Commission had to consider whether the agreement provided fair and reasonable terms for the employees and whether it had been properly negotiated.

In delivering its decision, the Commission examined the terms and conditions outlined in the agreement, including wages, leave provisions, and other employment benefits. It assessed whether these terms met the minimum standards set by the Fair Work Act and if the process of negotiation had been fair and in good faith. The Commission concluded that the agreement was compliant with the legislative requirements and was in the best interests of the employees. The approval was granted, and the Enterprise Agreement was registered.

The final orders included the registration of The Gordon Institute of TAFE Enterprise Agreement 2011, effective from the date of the decision. The agreement was to apply to the employees covered by the terms of the application, providing them with the outlined entitlements and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established