TAFE & Adult Provision Fair Work decision on assessment at BKI

Credit: iStock/Monkey Business Images

The Fair Work Commission (FWC) has handed down its decision in relation to the appeal by the AEU in the dispute between the AEU and Bendigo Kangan Institute (BKI) about the allocation of assessment duties for members at the Automotive Centre of Excellence (ACE) in Docklands.

The FWC full bench found in favour of BKI by determining that “the final demonstration” assessment undertaken by members at ACE who are rostered to assess only should be counted as part of the 400-hour component of teaching duties, whether that assessment is in or out of the classroom – rather than as part of the 800-hour teaching delivery component. 

The FWC determined that two elements must be considered when deciding if assessment is to be counted as part of the 800 hours of teaching delivery or the 400 hours that comprise planning, preparation, curriculum development, and assessment. Firstly, whether the assessment work is rostered; and secondly, whether the substantive character of that work is assessment.

Members at BKI who participated in the initial hearing before the FWC are congratulated on their efforts in providing evidence to support the union’s case.  

Next steps

In light of the FWC decision, the AEU will continue to monitor the implementation of the agreement by TAFEs. Our priority here is the protection of members’ interests.

It is important that members immediately advise their AEU sub-branch representative (or organiser) if they are asked to make changes to their agreed workplan, or if they are provided with a default workplan, or if they are provided with an updated default workplan. We need to ensure that all new workplans meet the requirements of the agreement and of the decision.  

An agreed workplan can only be amended where both the employer and employee agree to do so. If you are asked to change your agreed workplan, it is important to obtain advice from the union about any proposed change.

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