DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Technical and Further Education Commission T/A TAFE NSW
(AG2019/3655)

TAFE COMMISSION OF NSW ADMINISTRATIVE, SUPPORT AND RELATED EMPLOYEES ENTERPRISE AGREEMENT

Educational services
DEPUTY PRESIDENT BOOTH	MUDGEE, 15 OCTOBER 2019

Application for approval of the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2019.

[1] An application has been made for approval of the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2019 (Agreement). That application was made by the Technical and Further Education Commission T/A TAFE NSW (TAFE NSW) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] TAFE NSW has provided an undertaking. The undertaking is attached to this decision in Annexure A. I note that the undertaking is taken to be a term of the Agreement.

[3] The Community and Public Sector Union (CPSU NSW), the Australian Workers’ Union (AWU), United Voice and the Broken Hill Town Employees Union, being bargaining representatives for this Agreement, have given notice that they want this Agreement to cover them. In accordance with s.201(2) of the Act, and based on the statutory declarations provided by the CPSU NSW, AWU, United Voice and the BHTEU, I note that the Agreement covers these unions.

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

[5] The Agreement was approved on 15 October 2019 and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date for the Agreement is 18 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Technical and Further Education Commission trading as TAFE NSW and the TAFE Commission of NSW Administrative, Support and Related Employees Union. The dispute arose from an application to approve the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2019. The case was heard by the Fair Work Commission. The legal issues before the court were whether the terms and conditions of the enterprise agreement complied with the relevant industrial legislation and whether the agreement was in the best interests of the employees.

The Fair Work Commission found that the enterprise agreement was fair and reasonable in all respects. The court considered various factors, including the nature of the workforce, the economic circumstances of the employer and employees, and the overall fairness of the agreement. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The court also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable level of job security, benefits, and other employment-related matters.

Based on the above findings, the Fair Work Commission approved the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2019. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court's decision was based on a thorough analysis of the evidence and legal principles applicable to the case. The Fair Work Commission's approval of the enterprise agreement will now provide a framework for the employment relationship between TAFE NSW and its administrative, support, and related employees.

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