Technical and Further Education Commission T/A TAFENSW

[2023] FWCA 1188

[2023] FWCA 1188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Technical and Further Education Commission T/A TAFENSW

(AG2023/990)

TAFE COMMISSION OF NSW TEACHERS AND RELATED EMPLOYEES ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 APRIL 2023

Application for approval of the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement to be known as the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Technical and Further Education Commission (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

1. The Australian Education Union New South Wales Teachers Federation Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 may 2023. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

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<AE519835  PR761413>