Technical And Further Education Commission Trading as TAFE NSW

[2025] FWCA 2714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Technical And Further Education Commission Trading as TAFE NSW

(AG2025/2180)

TAFE COMMISSION OF NSW TEACHERS IN TAFE CHILDREN'S CENTRES ENTERPRISE AGREEMENT 2025-2028

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 25 AUGUST 2025

Application for approval of the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2025-2028

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 2025-2028 (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 Trading as TAFE NSW. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2025. The nominal expiry date of the Agreement is 31 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2025-2028. The dispute was heard and decided in the Fair Work Commission, Australia's workplace relations tribunal. The application was brought by the Technical And Further Education Commission, trading as TAFE NSW, seeking the Commission's approval of the proposed enterprise agreement for its teachers employed in children's centres.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the need for a safe and healthy workplace, and whether it included provisions for the protection of vulnerable workers. Furthermore, the Commission had to ensure that the agreement did not contravene any relevant laws, including those relating to discrimination and unfair dismissal.

In its decision, the Commission carefully examined the proposed agreement, assessing its provisions against the statutory requirements. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for the protection of vulnerable workers and the maintenance of a safe and healthy workplace. The Commission also found that the agreement did not contravene any relevant laws, including those relating to discrimination and unfair dismissal. Consequently, the Commission approved the proposed enterprise agreement, finding it to be fair and reasonable in all respects.

As a result of the Commission's decision, the Technical And Further Education Commission, trading as TAFE NSW, was granted approval for the TAFE Commission of NSW Teachers in TAFE Children's Centres Enterprise Agreement 2025-2028. This approval ensures that the agreement will provide fair and reasonable terms and conditions of employment for the teachers employed in children's centres, while also maintaining a safe and healthy workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established