Batchelor Institute of Indigenous Tertiary Education Trading AS Batchelor Institute

BATCHELOR INSTITUTE OF INDIGENOUS TERTIARY EDUCATION UNION ENTERPRISE AGREEMENT 2025

Application for approval of the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Batchelor Institute of Indigenous Tertiary Education Union Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Batchelor Institute of Indigenous Tertiary Education Trading AS Batchelor Institute (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 September 2022 and the Agreement was made on 4 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The National Tertiary Education Industry Union and the United Workers Union, who were bargaining agents, did not express a view as to whether the Agreement passes the BOOT.

[4] During the process of application and review the Applicant discovered two typographical errors and drew them to my attention. In both cases I was satisfied that the errors were capable of correction under s.586 of the Act. The corrections were subsequently made to cl.32.1(a) to change the reference from "32(1)(0)" to "32.1(1)(H)" and to the table at page 84 to change "2.2.25%" to "2.25%".

[5] A number of NES-related issues were identified during the assessment process, as follows:

1. Annual leave is expressed in days rather than weeks.
2. Personal/Carers leave is expressed in weeks rather than days.
3. The process of Personal/Carers leave accrual for fixed term employees which is not progressive as per the Act.
4. The Jury Duty provisions deal with payment in a manner that is inconsistent with the Act.
5. The abandonment of employment provisions may potentially deny an employee the benefits of s.117 of the Act.

In each case I am satisfied that the NES precedence clause found at cl.8 of the Agreement resolves these concerns.

[6] A potential BOOT concern was identified with respect to maximum daily hours. I raised this with the Applicant and it advises that it does not require employees to work more than eight hours per day and it is not reasonably foreseeable that employees will be required to work more than eight hours per day during the life of the Agreement. On that basis I am satisfied that the concern is resolved.

[7] A further potential BOOT concern was identified with respect to casual employees conducting nursing education sessions. The Applicant advises that it does not currently offer courses in nursing education and it is not reasonably foreseeable that it will do so during the life of the Agreement. On that basis I am satisfied that the concern is resolved.

[8] 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.

[9] 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.

[10] The National Tertiary Education Industry Union and the United Workers Union each 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 National Tertiary Education Industry Union and the United Workers Union.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 31 December 2026.

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