Technical And Further Education Commission Trading AS TAFE NSW

[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

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.

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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Technical and Further Education Commission trading as TAFE NSW, which sought approval for the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2025-2027. The dispute was brought before the Fair Work Commission, where the central issue was the fairness and validity of the proposed enterprise agreement. The application aimed to establish terms and conditions for managers within TAFE NSW over the specified period.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for procedural and substantive fairness as required under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it provided for the proper classification and remuneration of employees, and whether it adhered to the relevant statutory protections and entitlements. Additionally, the Commission needed to determine if the agreement was consistent with the provisions of the Fair Work Act, particularly in relation to the protection of employees' rights and interests.

The Fair Work Commission reviewed the application and the proposed agreement thoroughly. The Commission found that the agreement was procedurally sound, as it was made in good faith and followed the necessary processes for consultation and negotiation. It also found that the agreement provided fair and reasonable terms for managers, ensuring that it met the necessary standards for substantive fairness. Consequently, the Commission approved the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2025-2027, recognising its compliance with the legal requirements set out in the Fair Work Act.

The final orders of the Commission were to approve the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2025-2027, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment of managers within TAFE NSW for the specified period, providing a legally binding framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established