Technical And Further Education Commission Trading AS TAFE NSW

Case •

[2025] FWCA 1730

•

23 MAY 2025
[2025] FWCA 1730

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

(AG2025/1432)

TAFE COMMISSION OF NSW TAFE MANAGERS ENTERPRISE AGREEMENT 2025-2027

Educational services

DEPUTY PRESIDENT SLEVIN

SYDNEY, 23 MAY 2025

Application for approval of the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2025-2027

  1. An application has been made by the Technical And Further Education Commission Trading As TAFE NSW (Applicant) for approval of an enterprise agreement known as the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2025-2027 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.  

  1. Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). 

  1. Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.  

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.   

  1. The Community and Public Sector Union (CPSU) and the Australian Education Union (AEU) were bargaining representatives for the Agreement and have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the CPSU and the AEU.

  1. The Agreement was approved on 23 May 2025 and will operate from 30 May 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

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