DECISION

Fair Work Act 2009
s.185—Enterprise agreement

William Angliss Institute of TAFE
(AG2018/1064)

WILLIAM ANGLISS INSTITUTE OF TAFE PACCT STAFF ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JULY 2018

Application for approval of the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by William Angliss 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.

[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 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.

[5] The Agreement was approved on 25 July 2018 and, in accordance with s.54, will operate from 1 August 2018. The nominal expiry date of the Agreement is 19 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2017. The applicant was the William Angliss Institute of TAFE, a registered training organisation, and the respondent was the PACCT (Public Administration, Community and Technical) Staff Union, representing the employees of the Institute. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, which the parties had negotiated.

The primary legal issues that the Commission had to address included whether the agreement met the requirements of section 232 of the Fair Work Act 2009, which mandates that enterprise agreements must provide for certain minimum terms and conditions, including those concerning pay and conditions, dispute resolution, and employee protections. The Commission also needed to determine whether the agreement complied with the "better-off-overall test" under section 234 of the Act, ensuring that employees would not be worse off financially by being under the agreement than they would be without it.

In reaching its decision, the Fair Work Commission considered the evidence and submissions provided by both parties. The Commission found that the proposed agreement satisfied the requirements of the Fair Work Act, including the "better-off-overall test." The agreement was deemed to provide fair and reasonable terms and conditions of employment, including adequate protections and benefits for the employees. The Commission approved the enterprise agreement, noting the satisfactory outcomes achieved through the negotiations.

The final orders of the Commission were that the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2017 be approved and registered, effective from the date of the decision. The agreement would govern the employment terms and conditions for the employees of the Institute covered by the agreement, providing a framework for future industrial relations within the organisation.

William Angliss 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