Technical and Further Education Commission Summary

[2023] FWCA 857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Technical and Further Education Commission

(AG2023/611)

TAFE COMMISSION OF NSW TAFE MANAGERS ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER JOHNS	MELBOURNE, 21 MARCH 2023

Application for approval of the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the TAFE Commission of NSW TAFE Managers Enterprise Agreement 2022 (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. 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 and the Community and Public Sector Union being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover the organisations. 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 28 March 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Technical and Further Education Commission (TAFE) sought approval for the TAFE Managers Enterprise Agreement 2022. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and relevant regulations. The Federal Circuit and Family Court of Australia heard the application, tasked with assessing the agreement's adherence to the legislative framework.

The court examined several legal issues, primarily focusing on whether the agreement satisfied the requirements of the Fair Work Act, including provisions for fair and reasonable terms, procedural fairness, and the avoidance of undue influence. Additionally, the court needed to determine if the agreement appropriately addressed managerial roles within the TAFE sector, ensuring it did not unfairly disadvantage either party.

After a thorough review, the court concluded that the TAFE Managers Enterprise Agreement 2022 met all legislative requirements. The agreement was deemed fair and reasonable, and it appropriately outlined the terms of employment for managers within the TAFE system. The court found that the agreement had been negotiated in good faith, without undue influence, and was procedurally sound. The court granted approval for the agreement, affirming its compliance with the statutory standards.

The Federal Circuit and Family Court of Australia approved the TAFE Managers Enterprise Agreement 2022. This decision ensures that the agreement can be implemented, providing a legally binding framework for the employment of managers within the TAFE sector in New South Wales. The approval signifies that the agreement adequately addresses the needs of both employers and employees while adhering to the requirements set forth by the Fair Work Act.

Technical and Further Education Commission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established