DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission T/A TAFE NSW
(AG2016/1672)

TAFE COMMISSION OF NSW ADMINISTRATIVE, SUPPORT AND RELATED EMPLOYEES ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The CPSU, the Community and Public Sector Union, United Voice, The Broken Hill Town Employees’ Union, the Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement was approved on 8 August 2016 and, in accordance with s.54, will operate from 15 August 2016. The nominal expiry date of the Agreement is 22 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Technical and Further Education Commission T/A TAFE NSW applied to the Fair Work Commission for approval of the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2016. The Commission sought approval under section 231 of the Fair Work Act 2009. The application was contested by the NSW Teachers Federation. The legal issues before the Commission were whether the agreement was a "good faith" agreement and whether it complied with the "better off overall test" under the Fair Work Act. The Commission determined that the agreement was a good faith agreement and met the better off overall test, which required that the agreement be at least as good as the applicable award or terms and conditions of employment. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest. The Commission approved the agreement and ordered that it be registered with the Fair Work Commission. The orders made by the Commission were that the agreement be approved and registered and that it be published in the Commonwealth Gazette. The Commission also ordered that the agreement be circulated to all employees covered by the agreement.

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