DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission T/A TAFE NSW
(AG2017/3332)

TAFE COMMISSION OF NSW TAFE MANAGERS ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 23 OCTOBER 2017

Application for approval of the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2017 (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 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.

[4] The CPSU, the Community and Public Sector Union and Australian Education Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2017. The nominal expiry date of the Agreement is 29 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were the Technical and Further Education Commission, trading as TAFE NSW, and the relevant unions. The dispute involved the application for approval of the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2017. The decision was made by the Fair Work Commission, a federal statutory tribunal in Australia responsible for the resolution of workplace disputes.

The legal issues before the Commission centred around whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it adequately covered the terms and conditions of employment for managers within the TAFE NSW system. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms, including adequate pay and conditions, and if it complied with the procedural requirements set out in the Act.

In rendering its decision, the Commission considered the submissions from both the employer and the unions. It assessed the terms and conditions outlined in the proposed agreement against the legislative requirements and the principles of procedural fairness. The Commission found that the agreement generally provided for fair and reasonable terms for managers, taking into account the unique nature of the TAFE NSW workplace and the roles of the managers. The Commission also determined that the procedural requirements had been met, and thus approved the application for the agreement.

The Fair Work Commission's decision confirmed the approval of the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2017, ensuring that it would be legally binding between the parties. This ruling provided clarity and certainty for both the TAFE NSW managers and the unions involved, setting the terms and conditions of employment for the specified period.

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