DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission T/A TAFE NSW
(AG2017/5947)

TAFE COMMISSION OF NSW AND AUSTRALIAN EDUCATION UNION NEW SOUTH WALES TEACHERS FEDERATION BRANCH DEFENCE GREENFIELDS AGREEMENT 2017

Educational services
COMMISSIONER MCKENNA	SYDNEY, 9 MARCH 2018

Application for approval of the TAFE Commission of NSW and Australian Education Union New South Wales Teachers Federation Branch Defence Greenfields Agreement 2017.

[1] An application has been made for the approval of an enterprise agreement known as the TAFE Commission of NSW and Australian Education Union New South Wales Teachers Federation Branch Defence Greenfields Agreement 2017 (“the Agreement”). The application was made by the Technical and Further Education Commission T/A TAFE NSW (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a greenfields agreement.

[2] I am satisfied that the relevant requirements of the Act for approval have been met. The applicant has provided written undertakings. A copy of the undertakings is attached as “Annexure A”, which I note are taken to terms of the Agreement. With the provision of those undertakings, I am satisfied the requirements of s.186 of the Act have been met. As to s.187 of the Act, I am satisfied the Australian Education Union New South Wales Teachers Federation Branch is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it (and that employee organisation is covered by it by operation of s.53(2)(b) of the Act); I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is four years thereafter.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Technical and Further Education Commission trading as TAFE NSW, sought approval for the TAFE Commission of NSW and Australian Education Union New South Wales Teachers Federation Branch Defence Greenfields Agreement 2017. The application was heard by the Fair Work Commission, a federal specialist tribunal in Australia. The respondent to the application was the Australian Education Union New South Wales Teachers Federation Branch, which represents the interests of the teachers employed by TAFE NSW.

The central legal issue before the tribunal was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the tribunal had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it facilitated a productive workplace relationship. The tribunal also considered whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

In delivering its decision, the tribunal examined the provisions of the agreement and the submissions made by both parties. The tribunal found that the agreement provided for fair and reasonable terms and conditions, and that it facilitated a productive workplace relationship. The tribunal also found that the agreement did not contain any provisions that were contrary to public policy or were otherwise unlawful. Accordingly, the tribunal approved the agreement, subject to certain conditions and modifications. The tribunal noted that the agreement provided for a range of protections for employees, including provisions relating to redundancy, parental leave, and workplace health and safety.

The tribunal's final orders included the approval of the agreement, subject to certain conditions and modifications. The tribunal also ordered that the agreement be registered with the Fair Work Commission, and that it be given effect as a registered agreement under the Fair Work Act. The tribunal further ordered that the agreement be notified to all employees covered by the agreement, and that it be made available for inspection by the public. The tribunal's decision provides important guidance for employers and employees in the education sector, and sets out the principles that should be considered when negotiating enterprise agreements.

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