DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission T/A TAFE NSW
(AG2019/5179)

TAFE COMMISSION OF NSW TAFE MANAGERS ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 10 FEBRUARY 2020

Application for approval of the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Technical and Further Education Commission T/A TAFE NSW. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The CPSU, the Community and Public Sector Union and the Australian Education Union 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Technical and Further Education Commission trading as TAFE New South Wales, which sought approval of the TAFE Commission of New South Wales TAFE Managers Enterprise Agreement 2019. The application was lodged by the employer, TAFE NSW, under section 231 of the Fair Work Act 2009. The legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Act and whether it was in the public interest to approve the agreement.

The Commission began by considering the process by which the agreement was made, noting that it was formed following good faith negotiations between the employer and the union representing the employees. The Commission found that the agreement was made in accordance with the legislative framework and that the parties had engaged in genuine negotiations. In terms of the content of the agreement, the Commission examined various aspects including wages, classification, and other employment conditions. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment for the affected employees, and that it did not contain any provisions that would be detrimental to the public interest.

Having found that the agreement met the legislative requirements and was in the public interest, the Commission approved the TAFE Commission of New South Wales TAFE Managers Enterprise Agreement 2019. The Commission made orders approving the agreement under section 231 of the Fair Work Act 2009, with the approval to take effect from the date of the Commission’s decision. The Commission also ordered that the agreement be registered by the Registrar of the Fair Work Commission.

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