Wodonga Institute of Tafe T/A Wodonga Tafe
[2024] FWCA 2782
•30 JULY 2024
| [2024] FWCA 2782 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wodonga Institute of Tafe T/A Wodonga Tafe
(AG2024/2453)
WODONGA INSTITUTE OF TAFE PACCT STAFF ENTERPRISE AGREEMENT 2024
| Educational services | |
| COMMISSIONER ALLISON | MELBOURNE, 30 JULY 2024 |
Application for approval of the Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2024
Wodonga Institute of Tafe T/A Wodonga Tafe has made an application under s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2024 (the Agreement).
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 NTEU.
The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2023” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.
Clause 44.3, relating to family and domestic violence leave, excludes casual employees from receiving paid entitlements. This may be inconsistent with the National Employment Standards (NES), as casual employees are entitled to paid family and domestic violence leave under s.106A of the Act.
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 rates of pay for classification PACCT 1.1 in the Agreement appear to fall below the Award. The Employer has provided an undertaking increasing the rates of pay to address this issue.
The Agreement does not contain a safeguard for part-time employees that changes in working hours may only be made by agreement in writing. The Employer has provided an undertaking that it will comply with clause 10.3 of the Award, to address this issue.
Clause 29.2.5.2 of the Agreement, relating to night shift penalties, provided a lower benefit to employees than the Award. The Employer has provided an undertaking that the shift penalties under the Award will apply.
The Agreement is silent as to paid meal breaks for employees, contrary to the Award. The Employer has provided an undertaking that it will abide by the provisions of Clause 15.3 of the Award, to address this issue.
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 terms of the agreement.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 31 December 2024.
COMMISSIONER
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Annexure A
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