Technical and Further Education Commission of New South Wales

[2013] FWCA 90

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission of New South Wales
(AG2012/14372)

TAFE COMMISSION OF NSW TEACHERS IN TAFE CHILDREN’S CENTRES ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER ROBERTS	SYDNEY, 7 JANUARY 2013

Application for approval of the TAFE Commission of NSW Teachers in TAFE Children’s Centres Enterprise Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Technical and Further Education Commission of New South Wales. 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 is relevant to this application for approval has been met.

[3] The Australian Education Union (NSW Branch), being a bargaining representative for the Agreement, 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2013. The nominal expiry date will be 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Technical and Further Education Commission of New South Wales (TAFE NSW), sought approval of the TAFE Commission of NSW Teachers in TAFE Children’s Centres Enterprise Agreement 2013. This was in accordance with section 232 of the Industrial Relations Act 1996 (NSW). The application was made on behalf of the employees covered by the agreement, and the respondent, the Industrial Relations Commission of New South Wales, was the body tasked with considering the application. The dispute centred on whether the proposed agreement met the statutory requirements and was fair and reasonable.

The primary legal issues before the court were whether the agreement provided for appropriate mechanisms for resolving disputes, whether it ensured fair treatment for employees, and whether it complied with the relevant legislative provisions. The court had to consider the terms of the agreement and assess whether they were consistent with the overarching principles of industrial legislation and whether they provided a fair outcome for all parties involved.

In assessing these issues, the court found that the agreement contained provisions that were consistent with the statutory requirements and were fair and reasonable. The agreement included mechanisms for resolving disputes, which were deemed adequate and appropriate. The court also found that the agreement ensured fair treatment of employees, with provisions that aligned with the principles of the relevant legislation. Furthermore, the agreement complied with all relevant legislative provisions, including those relating to the minimum terms and conditions of employment. Based on this assessment, the court approved the agreement.

The final order of the court was the approval of the TAFE Commission of NSW Teachers in TAFE Children’s Centres Enterprise Agreement 2013, in accordance with section 232 of the Industrial Relations Act 1996 (NSW). This decision ensures that the agreement will be implemented and that the employees covered by it will benefit from the terms and conditions set out within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established