Technical And Further Education Commission T/A Tafe NSW

[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

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.

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.

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.

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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Technical and Further Education Commission, trading as TAFE NSW, which applied for approval of the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2024. The Commission sought the court's endorsement of this agreement, which would govern the employment conditions of teachers within the specified centres. The dispute centred on the adequacy and fairness of the terms proposed in the agreement, particularly whether they met the legal standards required for approval under relevant industrial laws.

The court was tasked with determining whether the proposed enterprise agreement complied with the provisions of the relevant industrial legislation, including the Fair Work Act 2009. This involved assessing if the agreement contained all the required terms, did not mandate union membership as a condition of employment, and was free from any unfair content. The court had to ensure that the agreement met the criteria for being a "modern award" and did not negatively impact the employees' conditions of employment.

The court found that the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2024 complied with the necessary legal standards. The agreement was deemed to contain all the mandated terms, did not require union membership, and was free from unfair content. The court concluded that the agreement was consistent with the principles of fairness and did not unfairly discriminate against any group of employees. Consequently, the court approved the agreement, allowing it to take effect as a binding modern award.

The court's decision resulted in the formal approval of the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2024. This approval means that the terms of the agreement are now legally enforceable between the TAFE NSW and its teachers in the specified centres, ensuring that the employment conditions are governed by the agreed-upon terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established