DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wodonga Institute of TAFE T/A Wodonga TAFE
(AG2018/6068)

WODONGA INSTITUTE OF TAFE PACCT STAFF ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 15 MARCH 2019

Application for approval of the Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wodonga Institute of TAFE T/A Wodonga 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.

[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. 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.

[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 was approved on 15 March 2019 and, in accordance with s.54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 2 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Wodonga Institute of TAFE, trading as Wodonga TAFE, which sought approval for its PACCT Staff Enterprise Agreement 2018. The application was lodged under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission before they can be enforced. The dispute centred on whether the agreement met all statutory requirements, including provisions related to employee entitlements, classification, and dispute resolution mechanisms.

The central legal issues the court had to address were whether the agreement provided for minimum entitlements as required by law, ensured fair and reasonable classification of employees, and established adequate mechanisms for resolving disputes. Additionally, the court had to consider if the agreement complied with procedural requirements, such as the necessity for genuine bargaining and the provision of relevant information to employees before voting.

The Fair Work Commission thoroughly reviewed the agreement, assessing it against legislative standards. The court found that the agreement satisfied all necessary statutory requirements, including the provision of minimum entitlements and the establishment of fair classification. It also determined that the agreement provided appropriate mechanisms for dispute resolution and met procedural standards. Consequently, the court approved the Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2018, confirming its validity and enforceability under the Fair Work Act 2009.

Wodonga Institute of TAFE T/A Wodonga TAFE

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established