Technical and Further Education Commission of NSW T/A TAFE NSW

[2016] FWCA 816

[2016] FWCA 816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission of NSW T/A TAFE NSW
(AG2015/6962)

TAFE COMMISSION OF NSW TAFE MANAGERS ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2016

TAFE Commission of NSW TAFE Managers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2015 (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 of NSW T/A TAFE NSW. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Education Union and 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.

[5] The Agreement was approved on 8 February 2016 and, in accordance with s.54, will operate from 15 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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ANNEXURE A