Technical and Further Education Commission Trading As TAFE NSW Summary

[2025] FWCA 2471

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

(AG2025/2205)

TAFE COMMISSION OF NSW ADMINISTRATIVE, SUPPORT AND RELATED EMPLOYEES ENTERPRISE AGREEMENT 2024-2027

Educational and children’s services industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 JULY 2025

Application for approval of the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2024-2027

Introduction

Technical and Further Education Commission trading as TAFE NSW (Employer) has made an application for approval of an enterprise agreement known as the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2024-2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 186, 187, 188 and 190

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

Section 183 Bargaining Representatives

The Community and Public Sector Union (CPSU), United Workers Union (UWU) and the Australian Workers’ Union (AWU) 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 the CPSU, UWU and the AWU.

Approval

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 August 2025. The nominal expiry date of the Agreement is 18 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the TAFE Commission of NSW, sought approval for its administrative, support, and related employees enterprise agreement for the period 2024-2027. The applicant argued that the proposed agreement was fair and reasonable, and thus should be approved. The respondent, the TAFE Commission of NSW Administrative, Support and Related Employees Union, raised concerns about the fairness of the agreement, particularly regarding the terms of employment and the rights of the employees. The case was heard in the Fair Work Commission.

The central legal issue before the court was whether the proposed enterprise agreement was fair and reasonable in all respects, as required by the Fair Work Act 2009. The court had to examine whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other benefits, and whether it appropriately balanced the interests of both the employer and the employees. The court also needed to determine if the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009, which mandates that the agreement must not undermine the right to freedom of association and the right to organise and participate in protected industrial action.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The court noted that the agreement provided for a balanced set of terms and conditions that met the needs of both the employer and the employees. The remuneration and benefits outlined in the agreement were deemed appropriate, and the court was satisfied that the agreement appropriately balanced the interests of the parties. The court also found that the agreement did not undermine the rights to freedom of association and protected industrial action. Consequently, the court approved the enterprise agreement for the period 2024-2027.

In approving the agreement, the Fair Work Commission made an order that the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on the parties and their employees for the specified period.

Technical and Further Education Commission Trading As TAFE NSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established