Goulburn Ovens Institute Of Technical And Further Education t/a Goulburn Ovens Institute Of TAFE and others

Application for approval of the Victorian TAFE PACCT Staff Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Victorian TAFE PACCT Staff Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement. The application has been made by the following (together, "the TAFEs"):

1. Bendigo Kangan Institute;

2. Box Hill Institute;

3. Chisholm Institute of TAFE;

4. Gippsland Institute of Technical and Further Education trading as TAFE Gippsland;

5. The Gordon Institute of TAFE;

6. Goulburn Ovens Institute of Technical and Further Education trading as Goulburn Ovens Institute of TAFE;

7. Holmesglen Institute;

8. Melbourne Polytechnic;

9. South West Institute of Technical and Further Education trading as South West Institute of TAFE;

10. Sunraysia Institute of TAFE;

11. William Angliss Institute of Technical and Further Education trading as William Angliss Institute;

12. Wodonga Institute of TAFE.

[2] I note that since this application was made to the Commission, Wodonga Institute of TAFE (Wodonga) and Goulburn Ovens Institute of TAFE (GOTAFE) have amalgamated into the Northern Victoria Institute of TAFE (NVITAFE). Accordingly, I confirm that one of the employers covered by this Agreement is Northern Victoria Institute of TAFE (NVITAFE).

[3] Section 12 of the Act defines a "multi-enterprise agreement" as an enterprise agreement made as referred to in s.172(3) of the Act. Section 172(3) defines a multi enterprise agreement as two or more employers that are not related employers (or alternatively are related employers), that make an enterprise agreement with the employees who are employed at the time the agreement is made and who will be covered by the agreement.

[4] This Agreement is plainly an agreement made involving two or more employers that are not all related employers. No supported bargaining or single interest employer authorisation was made in respect of the Agreement. It is therefore a "cooperative workplace agreement" within the meaning of s.12 of the Act.

[5] The Agreement will apply to employees who are employed in a Professional, Administrative, Clerical, Computing or Technical (PACCT) role with one of the relevant employers.

[6] The TAFEs have 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.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[8] The TAFEs have made a variation application pursuant to s.218A of the Act in respect of typographical errors which are detailed in Annexure B of this decision. The TAFEs asked the Commission to exercise its discretion to correct minor errors and provided an updated copy of the Agreement. I am satisfied that the typographical errors constitute an obvious error, defect or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.

[9] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Educational Services (Post-Secondary Education) Award 2020 is taken to be a term of the Agreement.

[10] I observe that clauses 16.10 and 30.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 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.

[11] 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.

[12] The Agreement is approved and in accordance with s.54, will operate from 25 March 2026. The nominal expiry date of the Agreement is 30 June 2029.

Printed by authority of the Commonwealth Government Printer

Delete "9.1(a)", so the provision reads: "A major change referred to in 9.1 ..."

Change "unreasonable" to "unreasonably", so that the clause reads: "and the Employer shall not unreasonably reject ...".

Correct the sub-clause reference from "12.10(a)" to "12.11(a)".

Change the second reference to "Employer" to become "Employee", so that the clause reads: "the Employer and Employee may agree ..."

GOTAFE and Wodonga Institute of TAFE (Salary Schedule)

A11.2 - Correct "2025" to "2026", so that the provision reads: "From the first pay period on or after 1 January 2026 ..."

A11.4 - Delete "and 8.5", so that the provision reads: "Specific incremental levels 5.5, 6.5, and 7.5".