Technical and Further Education Commission Summary

[2021] FWCA 6152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission
(AG2021/7453)

TAFE COMMISSION OF NSW TEACHERS IN TAFE CHILDREN?S CENTRES ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 OCTOBER 2021

Application for approval of the TAFE Commission of NSW Teachers in TAFE Children’s Centres Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW Teachers in TAFE Children’s Centres 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] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 October 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent application before the Fair Work Commission, the Technical and Further Education Commission sought approval of the TAFE Commission of NSW Teachers in TAFE Children’s Centres Enterprise Agreement 2021. The applicant argued that the agreement was necessary to establish fair and reasonable terms and conditions for the employees in question, including their wages, hours, leave, and other employment-related matters. The dispute arose from the need to formalise the conditions under which TAFE teachers in children’s centres would operate, ensuring that these terms were both equitable and aligned with broader employment standards.

The primary legal issue before the court was whether the proposed enterprise agreement met the criteria set forth in the Fair Work Act 2009 for being certified as a valid and effective agreement. This required a careful examination of the agreement’s provisions to ensure that they complied with the statutory requirements and did not unfairly disadvantage any party. The court had to consider whether the agreement addressed the needs of both the employees and the employer in a balanced manner, and whether it adhered to the procedural and substantive fairness tests mandated by the legislation.

Upon reviewing the terms and conditions proposed in the agreement, the court found that the agreement met all necessary criteria for approval. The provisions were deemed to be fair and reasonable, taking into account the specific circumstances of the employees and the operational requirements of the employer. The court also noted that the agreement had been developed through a process that involved genuine consultation and negotiation between the parties. As a result, the Fair Work Commission approved the TAFE Commission of NSW Teachers in TAFE Children’s Centres Enterprise Agreement 2021, thereby establishing the agreed terms and conditions for the specified employees.

The final orders of the court included the formal approval of the enterprise agreement, which would now govern the employment terms for the teachers in TAFE children’s centres. This decision was expected to provide clarity and certainty for both the employees and the employer, ensuring that the agreed-upon terms would be implemented effectively and consistently. The approval was contingent upon the agreement being registered with the Fair Work Commission, thereby formalising its legal status and ensuring its enforceability under the Fair Work Act.

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