Department Of Education And Communities; CPSU, the Community and Public Sector Union

[2013] FWCA 242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department Of Education And Communities; CPSU, the Community and Public Sector Union
(AG2012/13070)

TAFE COMMISSION OF NSW INSTITUTE MANAGERS ENTERPRISE AGREEMENT 2013

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 JANUARY 2013

Application for approval of the TAFE Commission of NSW Institute Managers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW Institute Managers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Department of Education and Communities and the CPSU, the Community and Public Sector Union (the CPSU). 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] The Australian Education Union and the CPSU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Department of Education and Communities and the Community and Public Sector Union. The dispute centred on the approval of the TAFE Commission of NSW Institute Managers Enterprise Agreement 2013. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issues before the Commission included whether the agreement provided for the proper regulation of remuneration and conditions of employment, whether it included appropriate dispute resolution mechanisms, and if it adhered to the public interest considerations relevant to the public sector.

The Commission considered the various provisions of the agreement, assessing them against the statutory requirements and public interest considerations. The Department argued that the agreement was fair and reasonable, while the Union contended that certain provisions did not adequately protect the rights and conditions of the employees. The Commission examined the provisions relating to remuneration, including rates of pay, allowances, and other entitlements. It also assessed the agreement's provisions on working conditions, such as hours of work, leave entitlements, and occupational health and safety measures. Furthermore, the Commission evaluated the dispute resolution mechanisms stipulated in the agreement to ensure they were effective and accessible.

In its decision, the Commission found that the TAFE Commission of NSW Institute Managers Enterprise Agreement 2013 met the statutory requirements for approval. The Commission concluded that the agreement provided for the proper regulation of remuneration and conditions of employment, and included adequate dispute resolution mechanisms. Additionally, the Commission determined that the agreement was consistent with public interest considerations relevant to the public sector. As a result, the Fair Work Commission approved the agreement, subject to the terms and conditions set out in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established