Technical and Further Education Commission Trading AS TAFENSW

[2025] FWCA 770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Technical and Further Education Commission Trading AS TAFENSW

(AG2025/352)

TAFE COMMISSION OF NSW TEACHERS AND RELATED EMPLOYEES ENTERPRISE AGREEMENT 2025-2028

Educational services
COMMISSIONER MCKINNON	SYDNEY, 28 FEBRUARY 2025

Application for approval of the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2025-2028

The Technical and Further Education Commission has applied for approval of a single enterprise agreement known as the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2025-2028 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 7 March 2028. The nominal expiry date of the Agreement is 31 January 2028.

The Agreement covers the Australian Education Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants in this case, Technical and Further Education Commission Trading as TAFENSW, sought approval for the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2025-2028. The case was heard in the Fair Work Commission, where the applicants argued that the proposed enterprise agreement was suitable for approval under the Fair Work Act 2009. The Commission had to determine whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees involved.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval as stipulated in the Fair Work Act and whether it adequately protected the rights and interests of the employees. This included assessing whether the agreement provided fair and reasonable terms and conditions, including remuneration, hours of work, leave entitlements, and other benefits. The Commission also had to consider whether the agreement contained appropriate dispute resolution mechanisms and whether it was consistent with the principles of industrial fairness and equity.

The Commission carefully examined the proposed agreement and found that it met the necessary criteria for approval. The agreement provided fair and reasonable terms and conditions for the employees, and it included appropriate mechanisms for resolving disputes. The Commission was satisfied that the agreement was in the best interests of the employees and would not have an adverse effect on the broader industrial relations system. Consequently, the Commission approved the TAFE Commission of NSW Teachers and Related Employees Enterprise Agreement 2025-2028. The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established