DECISION

Fair Work Act 2009
s.185—Enterprise agreement

William Angliss Institute of TAFE T/A William Angliss Institute of TAFE
(AG2020/882)

WILLIAM ANGLISS INSTITUTE OF TAFE ACADEMIC STAFF ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 20 APRIL 2020

Application for approval of the William Angliss Institute of TAFE Academic Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the William Angliss Institute of TAFE Academic Staff Enterprise Agreement 2019 (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 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2020. The nominal expiry date of the Agreement is 19 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was by the William Angliss Institute of TAFE, trading as the William Angliss Institute of TAFE, for the approval of the William Angliss Institute of TAFE Academic Staff Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for academic staff within the institution. The Fair Work Commission, comprising a delegate of the President, was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issues for the Commission to consider were whether the agreement provided for fair and reasonable terms and conditions of employment, including pay and conditions, and whether it complied with the relevant provisions of the Fair Work Act 2009. Specific attention was given to the provisions regarding pay rates, classification of roles, and the process for resolving disputes.

In assessing the application, the Commission examined the submissions and evidence provided by the parties. The Commission found that the agreement provided for fair and reasonable terms and conditions for the academic staff. It considered the evidence of the parties' bargaining positions, the comparability of the agreement with other similar agreements, and the process for resolving disputes. The Commission was satisfied that the agreement met the statutory requirements for approval and did not contain any terms that would undermine the integrity of the enterprise bargaining system.

The Fair Work Commission approved the William Angliss Institute of TAFE Academic Staff Enterprise Agreement 2019, subject to the conditions and limitations specified in the order. The approval was effective from the date of the decision, and the agreement became the governing document for the employment of academic staff within the institution for the duration of its term.

William Angliss Institute of TAFE T/A 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