Technical and Further Education Commission T/A TAFE NSW

[2018] FWCA 1442

[2018] FWCA 1442

FAIR WORK COMMISSION

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

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Annexure A