DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission T/A TAFE NSW
(AG2018/2984)

TAFE COMMISSION OF NSW TEACHERS IN TAFE CHILDREN'S CENTRES ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 23 NOVEMBER 2018

Application for approval of the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2018.

[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 2018 (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 T/A TAFE NSW. The Agreement is a single enterprise agreement.

[2] The Employer 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2018. The nominal expiry date of the Agreement is 19 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Technical and Further Education Commission, trading as TAFE NSW, for the approval of the TAFE Commission of NSW Teachers in TAFE Children’s Centres Enterprise Agreement 2018. The Commission sought approval under section 231 of the Fair Work Act 2009, ensuring that the agreement would be an appropriate framework for the employment of teachers in TAFE children's centres across New South Wales.

The legal issues at hand centred on whether the proposed agreement met the criteria for registration as a single-employer agreement, particularly whether it provided for the fair and efficient determination of terms and conditions of employment. The Commission needed to assess whether the agreement was likely to promote harmonious, productive and cooperative workplace relations, and whether it complied with the statutory requirements set out in the Fair Work Act. A critical aspect of the inquiry was whether the agreement's provisions were consistent with the national minimum standards and the broader objectives of the Fair Work system.

In deliberating on the application, the Commission considered the submissions from both the applicant and the relevant stakeholders. It examined the contents of the agreement to ensure that it addressed key employment terms and conditions in a fair and balanced manner. The Commission assessed whether the agreement provided for an appropriate balance between the interests of the employer and the employees, and whether it was likely to facilitate a productive and harmonious working environment. The Commission concluded that the agreement met the necessary criteria for approval, finding that it was likely to promote the objectives of the Act and did not contravene any of the provisions of the Fair Work Act. Consequently, the Commission approved the agreement, recognising it as a suitable enterprise agreement for the specified employees.

Technical and Further Education Commission T/A TAFE NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established