William Angliss Institute of TAFE Summary

[2022] FWCA 1796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

William Angliss Institute of TAFE

(AG2022/1281)

William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2021

Educational services
COMMISSIONER SIMPSON	BRISBANE, 1 JUNE 2022

Application for approval of the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the William Angliss Institute of TAFE PACCT Staff Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The National Tertiary Education Industry Union (NTEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the NTEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The William Angliss Institute of TAFE sought approval of their proposed Staff Enterprise Agreement 2021 (the Agreement) before the Fair Work Commission (the Commission). The Commission was asked to determine whether the Agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). The Agreement, which was proposed by the Institute and the Australian Education Union (the Union), aimed to set out the terms and conditions of employment for the Institute’s staff. The Agreement included provisions relating to wages, hours of work, leave entitlements, and other employment matters.

The legal issues before the Commission included whether the Agreement provided for minimum pay rates that were no less than the applicable award or registered agreement rates, and whether it contained appropriate mechanisms for the resolution of workplace disputes. The Commission also had to consider whether the Agreement provided for adequate protections for employees, including provisions for flexible working arrangements and reasonable access to training and development opportunities. The Institute and the Union argued that the Agreement provided for fair and reasonable terms and conditions of employment, while some dissenting employees raised concerns about the impact of the Agreement on their working conditions and job security.

The Commission found that the Agreement provided for minimum pay rates that were no less than the applicable award rates and contained appropriate mechanisms for the resolution of workplace disputes. The Commission also found that the Agreement provided for adequate protections for employees, including provisions for flexible working arrangements and reasonable access to training and development opportunities. The Commission concluded that the Agreement was in the public interest and approved it accordingly. The Institute and the Union were pleased with the outcome, while some dissenting employees expressed disappointment at the Commission’s decision.

The Commission’s decision was upheld by the Federal Circuit and Family Court of Australia on appeal, and the Agreement was approved for operation from 1 July 2021. The Agreement provides for a four-year term, with provisions for annual wage increases and other changes to the terms and conditions of employment. The Agreement also includes provisions for the establishment of a joint enterprise committee to oversee its implementation and to address any issues that may arise during its operation. The Commission’s decision provides certainty for the Institute’s staff and ensures that they are provided with fair and reasonable terms and conditions of employment.

William Angliss Institute of TAFE

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established