DECISION

Fair Work Act 2009
s.185—Enterprise agreement

William Angliss Institute of TAFE T/A William Angliss Institute
(AG2016/3706)

WILLIAM ANGLISS INSTITUTE OF TAFE PACCT STAFF ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2016

Application for approval of the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2015 (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 T/A William Angliss Institute. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 10 August 2016 and, in accordance with s.54, will operate from 17 August 2016. The nominal expiry date of the Agreement is 21 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The William Angliss Institute of TAFE, trading as the William Angliss Institute, applied for approval of the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2015. The applicant argued that the agreement met the requirements of the relevant industrial legislation. The Fair Work Commission heard the matter and was required to determine whether the agreement complied with the necessary standards and provisions outlined in the legislation.

The key legal issues before the Commission were whether the agreement adhered to the statutory requirements and whether it provided for appropriate terms and conditions of employment. The applicant needed to demonstrate that the agreement included all mandated provisions, ensured fair and reasonable terms, and did not discriminate against any employee or group of employees. The Commission examined the agreement in detail to ensure it met all legal criteria.

The Commission concluded that the agreement substantially complied with the relevant legislation, including the mandated provisions and standards for fair and reasonable terms. The Commission found that the applicant had met its obligations under the industrial relations framework. The Commission approved the agreement, recognising the efforts of the parties in reaching a fair and balanced arrangement.

No further orders were made by the Commission, as the approval of the agreement was the primary objective of the application. The Commission's decision was based on a thorough examination of the agreement and the compliance with the statutory requirements.

William Angliss Institute of TAFE T/A William Angliss Institute

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established