DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission T/A TAFE NSW
(AG2020/3955)

TAFE COMMISSION OF NSW TEACHERS AND RELATED EMPLOYEES ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 24 DECEMBER 2020

Application for approval of the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2020 (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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 3 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Technical and Further Education Commission trading as TAFE NSW, the applicant sought approval of the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2020. The application was heard by the Fair Work Commission, with the decision rendered by Deputy President D. J. Cavanough. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether these terms were compliant with the relevant industrial and employment legislation.

The legal issues before the court encompassed the interpretation of the Fair Work Act 2009, the Fair Work Regulations 2009, and the Fair Work (Registered Organisations) Act 2009. Key among these issues was whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it met the statutory requirements for registration and approval. The applicant argued that the agreement was necessary to ensure the provision of quality education and training services, while a union representative raised concerns about the fairness and reasonableness of certain provisions.

Deputy President Cavanough undertook a thorough examination of the agreement's provisions, considering the submissions from both the applicant and the union representative. The court concluded that the agreement, while presenting some challenges, was ultimately fair and reasonable, and complied with the statutory requirements for approval. The decision was influenced by the need to balance the interests of the employer and the employees, ensuring that the agreement facilitated the delivery of educational services while protecting the rights of the employees. The court found that the benefits of the agreement outweighed any potential drawbacks, leading to its approval.

The Fair Work Commission granted approval of the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2020. The decision was based on the conclusion that the agreement met the statutory requirements and was fair and reasonable in all its terms and conditions. The approval ensures that the agreement can be implemented, providing a framework for the relationship between TAFE NSW and its teaching and related staff.

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