Technical And Further Education Commission T/A Tafe NSW

Case

[2024] FWCA 2482

4 JULY 2024


[2024] FWCA 2482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Technical And Further Education Commission T/A Tafe NSW

(AG2024/1993)

TAFE COMMISSION OF NSW TEACHERS IN TAFE CHILDREN'S CENTRES ENTERPRISE AGREEMENT 2024

Educational services industry

DEPUTY PRESIDENT SLEVIN

SYDNEY, 4 JULY 2024

Application for approval of the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2024

  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 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Technical And Further Education Commission T/A Tafe NSW. The Agreement is a single enterprise agreement. The Australian Education Union (AEU) was a bargaining representative for the Agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

  1. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

  1. 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.

  1. The Agreement was approved on 4 July 2024 and, in accordance with s.54, will operate from 11 July 2024. The nominal expiry date of the Agreement at clause 2.1 is 31 January 2025.

DEPUTY PRESIDENT
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<AE525306 PR776694>

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