Department Of Education and Communities

[2013] FWCA 8282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Department Of Education and Communities
(AG2013/9606)

TAFE COMMISSION OF NSW TEACHERS AND RELATED EMPLOYEES ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 22 OCTOBER 2013

Application for approval of the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2013 (“the Agreement”). The application has been made by the Department of Education and Communities as a bargaining representative for the Technical and Further Education Commission T/A TAFE NSW (“TAFE”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. TAFE has provided written undertakings addressing miscellaneous matters. The Australian Education Union (New South Wales Branch) (“AEU”) concurs with the content of the undertakings. The views of the individual employee bargaining representatives were sought in relation to the undertakings, but none expressed any issues concerning the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The AEU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Department of Education and Communities, acting on behalf of the TAFE Commission of New South Wales, and the relevant employees' union. The union had proposed an Enterprise Agreement for the year 2013, which required the department's approval before it could be implemented. The court was tasked with determining whether the proposed agreement complied with the necessary statutory requirements and if it should be approved.

The legal issues the court needed to address included whether the agreement was made in good faith, whether it included provisions that were necessary for the protection of employees, and whether it adhered to the relevant provisions of the applicable industrial relations legislation. Additionally, the court had to assess whether the agreement contained any unfair or unreasonable terms that might contravene the public interest.

The court found that the agreement was made in good faith and contained provisions that were necessary for the protection of the employees. It held that the agreement was not unreasonable or unfair and complied with all relevant statutory requirements. Consequently, the court approved the Enterprise Agreement, allowing it to be implemented by the TAFE Commission of New South Wales. The court's decision was based on the thorough analysis of the agreement's terms and its alignment with the legislative framework governing industrial relations in the state.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established