William Angliss Institute Of Tafe T/A William Angliss Institute Summary

[2024] FWCA 2882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

William Angliss Institute Of Tafe T/A William Angliss Institute

(AG2024/2552)

WILLIAM ANGLISS INSTITUTE OF TAFE PACCT STAFF ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 9 AUGUST 2024

Application for approval of the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 37.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The National Tertiary Education Industry Union (NTEU) 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.

The Agreement is approved and in accordance with s.54, will operate from 16 August 2024. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the William Angliss Institute of TAFE for the approval of the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2023. The Institute sought to implement the agreement as a certified agreement under the Fair Work Act 2009, which would provide for the terms and conditions of employment for its professional and academic casual teaching staff. The application was opposed by the Australian Education Union Tertiary Education Branch, which argued that the proposed agreement did not meet the requirements of the Act and would be detrimental to its members.

The primary legal issue before the Commission was whether the proposed agreement was a genuine agreement within the meaning of section 230 of the Fair Work Act 2009. The Commission considered whether the agreement had been made freely and voluntarily between the parties, and whether it provided for the terms and conditions of employment in a fair and reasonable manner. The Commission also considered whether the agreement complied with the provisions of the Act relating to minimum entitlements, and whether it provided for appropriate mechanisms for dispute resolution.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement was a genuine agreement that had been made freely and voluntarily between the parties. The Commission was satisfied that the agreement provided for the terms and conditions of employment in a fair and reasonable manner, and that it complied with the provisions of the Act relating to minimum entitlements. The Commission also found that the agreement provided for appropriate mechanisms for dispute resolution, and that it was in the best interests of the employees covered by the agreement.

Accordingly, the Commission approved the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2023 as a certified agreement under the Fair Work Act 2009. The agreement will now provide for the terms and conditions of employment for the professional and academic casual teaching staff at the Institute, and will be binding on all parties until it is replaced by a new agreement.

William Angliss Institute Of Tafe T/A William Angliss Institute

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established