Technical and Further Education Commission

[2021] FWCA 6303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission
(AG2021/7448)

TAFE COMMISSION OF NSW TEACHERS AND RELATED EMPLOYEES ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 OCTOBER 2021

Application for approval of the TAFE Commission of NSW Teachers And Related Employees Enterprise Agreement 2021

[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 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Education Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 October 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Technical and Further Education Commission sought approval for the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2021. The application was contested by the NSW Teachers Federation. The primary dispute revolved around the terms and conditions of employment for teachers and related employees within the Technical and Further Education Commission, focusing on wages, working conditions, and other employment-related matters.

The central legal issues that the court had to address were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment. This involved scrutinising the provisions of the agreement to ensure they complied with the Fair Work Act, particularly with respect to procedural fairness, substantive fairness, and the protection of employee rights.

The court examined the evidence presented by both parties, including submissions on procedural fairness, the impact of the agreement on employees, and the overall compliance with the legislative framework. The court found that the agreement was procedurally fair, as it allowed for proper consultation and negotiation between the employer and the union. Furthermore, the court determined that the substantive terms of the agreement were fair and reasonable, providing adequate protections and benefits to the employees while also meeting the needs of the employer. Consequently, the court approved the application for the enterprise agreement to be registered.

The final orders included the registration of the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2021, effective from the date of the decision. This decision confirmed the agreement as a legally binding document governing the employment conditions for the relevant employees within the Technical and Further Education Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established