Technical and Further Education Commission

[2022] FWCA 4326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Technical and Further Education Commission

(AG2022/4969)

TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2022

Educational services
COMMISSIONER JOHNS	MELBOURNE, 8 DECEMBER 2022

Application for approval of the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Technical and Further Education Commission. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union, the Australian Workers’ Union and CPSU, the Community and Public Sector Union 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 18 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Technical and Further Education Commission, which sought approval of the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2022. The applicant aimed to establish a new enterprise agreement that would govern the employment conditions of administrative, support, and related employees within the Technical and Further Education Commission of New South Wales. The matter was heard in the Fair Work Commission.

The legal issues before the court revolved around whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the procedural requirements for approval, such as ensuring that relevant employees had been adequately consulted, and if the agreement's terms and conditions were fair and reasonable. The court also needed to consider if the agreement was in line with the objectives of the Fair Work Act, which include promoting high levels of employment and protecting employees' rights.

The Fair Work Commission found that the proposed agreement was procedurally sound, having been developed through proper consultation processes with the relevant employees and their representatives. The court also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the needs and interests of both the employees and the employer. Furthermore, the commission found that the agreement aligned with the objectives of the Fair Work Act, providing a balanced approach to the employment relationship. As a result, the court approved the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established