Technical and Further Education Commission T/A TAFE NSW

Case •

[2023] FWCA 2129

•

11 JULY 2023
[2023] FWCA 2129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Technical and Further Education Commission T/A TAFE NSW

(AG2023/1984)

TAFE COMMISSION OF NSW TEACHERS IN TAFE CHILDREN'S CENTRES ENTERPRISE AGREEMENT 2023

Educational services

DEPUTY PRESIDENT ROBERTS

SYDNEY, 11 JULY 2023

Application for approval of the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2023

  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 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Technical and Further Education Commission (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

  1. I note that clause 2.3 of the Agreement provides that no term of the Agreement will operate to exclude the National Employment Standards (NES) or any provision of the NES.

  1. The Australian Education Union New South Wales Teachers Federation Branch (AEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AEU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520719  PR764121>

Annexure A

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