[2015] FWCA 7308 DECISION Fair Work Act 2009 s.185—Enterprise agreement Bendigo Kangan Institute (AG2015/5390) BENDIGO KANGAN INSTITUTE PACCT STAFF ENTERPRISE AGREEMENT, 2015 Educational services VICE PRESIDENT LAWLER SYDNEY, 26 OCTOBER 2015 Application for approval of the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2015. [1] An application has been made for approval of an enterprise agreement known as the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Bendigo Kangan Institute. The Agreement is a single-enterprise agreement. [2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. [3] I note that I raised an issue as to whether the consultation clause of the Agreement met the requirements in s.205. I accepted the joint submission of the parties (ie the employer and the NTEU) that on the proper construction of clause 15 of the Agreement each of the requirements in s.205(1) and (1A) are provided for in the Agreement and they jointly agree that the Agreement should be construed in that way. [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) of the Act I note that the Agreement covers this organisation. [5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2015. The nominal expiry date of the Agreement is 30 June 2016. VICE PRESIDENT 1 [2015] FWCA 7308 Printed by authority of the Commonwealth Government Printer <Price code J, AE416317 PR573222> 2 Bendigo Kangan Institute PACCT STAFF Enterprise Agreement 2015 1 PART A- APPLICATION AND OPERATION OF THE AGREEMENT 1. TITLE This Agreement shall be known as the Bendigo Kangan Institute PACCT Staff Enterprise Agreement, 2015. 2. ARRANGEMENT PART A- APPLICATION AND OPERATION OF THE AGREEMENT 1. TITLE (Page 1) 2. ARRANGEMENT (Page 2) 3. OBJECTIVES OF THE AGREEMENT (Page 4) 4. PARTIES BOUND (Page 4) 5. DATE AND PERIOD OF OPERATION (Page 5) 6. RE-NEGOTIATIONS (Page 5) 7. DEFINITIONS (Page 5) 8. RELATIONSHIP TO AWARDS, OTHER AGREEMENTS & NES (Page 6) 9. POSTING OF THE AGREEMENT (Page 6) 10. INDIVIDUAL FLEXIBILITY ARRANGEMENTS (Page 6) 11. NO EXTRA CLAIMS (Page 7) PART B- STATUTORY OBLIGATIONS 12. ANTI DISCRIMINATION (Page 7) 13. OCCUPATIONAL HEALTH AND SAFETY (Page 8) 14. ACCIDENT MAKE-UP PAY (Page 8) 15. SUPERANNUATION (Page 9) PART C- COMMUNICATION CONSULTATION AND DISPUTE RESOLUTION 16. AGREEMENT CONSULTATIVE COMMITIEE (Page 9) 17. HUMAN RESOURCES POLICIES AND PROCEDURES (Page 10) 18. DISPUTE AVOIDANCE AND RESOLUTION PROCEDURES (Page 10) 19. AGREEMENT IMPLEMENTATION SUPPORT (Page 11) PART D- EMPLOYER, EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 20. TYPES OF EMPLOYMENT (Page 12) 21. CONTRACT OF EMPLOYMENT (Page 12) 22. FIXED-TERM CONTRACT EMPLOYMENT (Page 12) 23. CASUAL EMPLOYMENT (Page 13) 24. TIME FRACTIONS (Page 13) 25. REDEPLOYMENT (Page 13) 26. NOTICE OF TERMINATION (Page 15) 27. DISCIPLINARY PROCEDURES (Page 15) 2 PARTE- SALARY, ALLOWANCES AND RELATED MATIERS 28. TRANSLATION ARRANGEMENTS (Page 18) 29. POST TRANSLATION (Page 18) 30. QUANTUM AND TIMING OF PAY INCREASES (Page 19) 31. POSITION CLASSIFICATION PROCEDURE (Page 20) 32. INCREMENTAL PROGRESSION AND PERFORMANCE PLANNING AND REVIEW (Page 21) 33. ALLOWANCES 33.1 ON CALL ALLOWANCES (Page 21) 33.2 MEAL ALLOWANCE (Page 21) 34. HIGHER DUTIES ALLOWANCE (Page 22) 35. PAYMENT OF SALARIES (Page 23) 36. SALARY PACKAGING (Page 24) 37. SUPPORTED WAGE (Page 24) PART F- HOURS OF WORK AND RELATED MATIERS 38. HOURS OF DUTY (Page 26) 39. MEAL BREAKS (Page 26) 40. SHIFT WORK (Page 26) 41. ROSTERED DAYS OFF (Page 28) 42. ORDINARY HOURS OF WORK FOR PART TIME EMPLOYEES (Page 28) 43. WORK OUTSIDE SPAN OF HOURS (Page 28) 44. OVERTIME (Page 28) 45. 48/52 WEEK EMPLOYMENT CYCLE (Page 30) PART G-LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 46. PUBLIC HOLIDAYS (Page 31) 47. LONG SERVICE LEAVE (Page 32) 48. PERSONAL LEAVE (Page 34) 49. SPECIAL LEAVE DUE TO MILITARY CONFLICT DISABILITIES (Page 37) so. LEAVE FOR COMMUNITY SERVICE AND JURY SERVICE (Page 37) 51. ANNUAL LEAVE (Page 37) 52. PARENTAL LEAVE (Page 39) 53. PAID EDUCATION LEAVE FOR EMPLOYEE REPRESENTATIVES (Page 45) 54. SABBATICAL LEAVE (Page46) SCHEDULES Schedule A- Pay Point to Pay Point Translation (Page 47) Schedule B- New Salary Classification Structure & Descriptors (Page SO) Schedule C- Annual Salary Scale (Page 59) SIGNATURES (Page 60) 3 3. OBJECTIVES OF THE AGREEMENT The parties recognise that the interests of the Institute and Employees are interdependent, and thus the future of the Institute rests with a commitment from all to develop and maintain high quality, flexible and competitive programs and products. Meeting the needs of customers is recognised by both parties as being critical to the future success of the Institute. It is in the context of a rapidly changing and increasingly competitive environment that this agreement has been formed. The objectives of the agreement are to: 3.1. Achieve ongoing best practice through the identification and development of benchmarks and performance indicators 3.2. Better utilise the expertise of staff in a cost-effective manner to support the development and delivery of quality vocational education and training programs and products. 3.3. Achieve work practices and procedures that assist in the achievement of the Bendigo Kangan Institute Strategic and Business Plan, whilst acknowledging the constraints of funding, revenue generation and increased competition being experienced in the core business areas of the Institute. 3.4. Encourage the further development of a continuous improvement culture through more flexible work practices and procedures. 3.5. Enhance security of employment and career development for PACCT employees 3.6. Ensure that the Institute is in a sound financial position as a key means of improving security of employment and job satisfaction: 3.7. Develop a committed, flexible and skilled workforce which is focussed on providing high quality customer service and the implementation of improvements to administrative and financial processes. 3.8. Bring about organisational reform, implement appropriate work practices and to facilitate the co-operative introduction of workplace cultural change. 3.9. Assist Bendigo Kangan Institute to become an Employer of Choice and ensure that Bendigo Kangan Institute continues to be an Equal Opportunity employer. 4. PARTIES BOUND The parties bound by this Agreement are: • The Board of Bendigo Kangan Institute • The National Tertiary Education Union and • All PACCT staff employed by Bendigo Kangan Institute 4 5. DATE AND PERIOD OF OPERATION This Agreement shall operate from the date the Agreement is approved by FWA and shall have a nominal expiry date of 30 June 2016. It will continue beyond its nominal expiry date until it is either replaced by another workplace Agreement or terminated. 6. DEFINITIONS In this agreement, unless a clause contains a contrary definition: means the Fair Work Act 2009 (Cth) as amended from time to time 11 Casual employee// means an employee who is engaged and paid by the hour. "Full-time employee" means an employee who is employed to work the ordinary hours of duty prescribed by this Agreement. "Part-time employee" means an employee other than a casual employee who is employed to work for less than the ordinary hours of work prescribed by this Agreement "Fixed-term contract Employee" means a person who is employed either full-time or part-time pursuant to a written contract which specifies the date the employee is to commence work and the date on which employment will terminate. "Contract employee" has the same meaning as fixed-term contract employee. "On-going" employee the employment does not have a specified date of cessation. "Spouse" includes a de facto spouse "him/his/he" means him/her, his/her, he/she, "NTEU" means the National Tertiary Education Union "FWA" means Fair Work Australia or its successor 11 Employee" means a person employed by the Institute under this Agreement means the Board of Bendigo Kangan Institute and any successor in law 11 1nstitute" has the same meaning as 11 Employer" 115chedules" means the schedules annexed to this Agreement means Technical and Further Education "Union" means the National Tertiary Education Union (NTEU) "Board" shall mean the Board of Bendigo Kangan Institute or its authorised delegate(s) "CEO" shall mean the Chief Executive Officer of the Institute or his/her nominee "Manager" shall mean those people who hold positions to whom the employee directly reports 5 "PACCT" means Professional Administrative Clerical Computing and Technical 11 Staff' has the same meaning as "Employee" means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth) as amended from time to time "Promotion" means appointment of employee on a higher classification than the employee's current classification. 7. RELATIONSHIP TO AWARDS, OTHER AGREEMENTS & NES This Agreement wholly replaces any Awards and existing Enterprise Agreements, which may otherwise, but for this clause, apply to those employees whose employment falls within the scope of this Agreement. 7.1 RELATIONSHIP TONES It is recognised that NES set minimum standards that apply to the employment of employees which cannot be displaced by this Agreement. To avoid doubt, where inconsistency occurs between any term of the NES, that is more beneficial than provided for in the Agreement, the NES will apply to the extent of the inconsistency. 8. POSTING OF THE AGREEMENT The employer shall keep in a readily accessible place, including the staff intra net, a copy of this Agreement and, any Agreement made in relation to it and any variation made thereto, for perusal by an employee(s).