Wodonga Institute of TAFE Summary

[2022] FWCA 4013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wodonga Institute of TAFE

(AG2022/4512)

Wodonga Institute of TAFE PACCT Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2022

Wodonga Institute of TAFE has applied for approval of an enterprise agreement known as the Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Wodonga Institute of TAFE seeking approval of the PACCT Staff Enterprise Agreement 2022. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The agreement in question was submitted for approval, and the court was required to determine whether it met the necessary criteria for compliance with the Act and its regulations.

The primary legal issues the court had to address were whether the agreement was genuinely negotiated, free from any duress or coercion, and if it contained all the mandatory terms required by the Fair Work Act. Additionally, the court needed to ensure that the agreement complied with the good faith bargaining requirement and that the process of reaching the agreement was procedurally fair. The court also had to consider the impact of the agreement on the employees, ensuring that their rights and interests were adequately protected.

In delivering its decision, the court found that the agreement met all the necessary criteria for approval. The court was satisfied that the agreement was genuinely negotiated, free from any form of coercion, and that it included all the mandatory terms required by the Fair Work Act. The court further determined that the process of reaching the agreement was conducted in good faith and was procedurally fair. After reviewing the terms of the agreement and the evidence presented, the court concluded that it was fair and reasonable for the employees, and therefore approved the Wodonga Institute of TAFE PACCT Staff Enterprise Agreement 2022.

The court's final orders included the approval of the enterprise agreement, allowing it to come into effect from the date specified within the agreement. The court also directed that any necessary notices be given to the employees in accordance with the provisions of the Fair Work Act, ensuring that they were fully informed of the terms of the agreement and their rights under it.

Wodonga 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