Victorian TAFE Association Incorporated Trading AS Victorian TAFE Association

[2025] FWCA 2115

[2025] FWCA 2115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian TAFE Association Incorporated Trading AS Victorian TAFE Association

(AG2025/1601)

VICTORIAN TAFE TEACHING STAFF AGREEMENT 2024

Educational services
COMMISSIONER FOX	MELBOURNE, 27 JUNE 2025

Application for approval of the Victorian TAFE Teaching Staff Agreement 2024.

1. An application has been made for approval of an enterprise agreement known as the Victorian TAFE Teaching Staff Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Victorian TAFE Association. The Agreement is a multi-enterprise agreement.

1. With respect to Wodonga TAFE, the Form F17C indicated that employees were notified of the details of the vote on 30 April 2025. I note that the vote commenced less than seven clear days later, on 7 May 2025. To satisfy the requirements under s.186(2)(a) that the Agreement was genuinely agreed to by the employees, the Commission must consider whether the employer has taken all reasonable steps to explain the Agreement to the employees and that the explanation was provided in a manner appropriate to the circumstances and needs of the employees per s.188(1) and s.180(5) of the Act, as well as paragraphs 8 to 14 of the Statement of Principles on Genuine Agreement. In the circumstances, I am satisfied that despite the shorter access period, employees were not likely to be disadvantaged, and the Agreement was genuinely agreed to.

1. The Employers have provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. The Australian Education Union and the National Tertiary Education Industry Union being bargaining representatives for the Agreement support the approval of 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 that the Agreement covers these organisations.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 4 July 2025. The nominal expiry date of the Agreement is 31 October 2028.

Section 218A Variation

1. I note that at clause 10.23 of the Agreement, there is a reference to clause 10.25. The reference should instead be to clause 10.24. Under s.218A of the Act, identifying this as a drafting error, I sought to vary clause 10.23 of the Agreement on the Commission’s own initiative.

1. In correspondence to the parties, I advised them that I intended to amend the relevant clause pursuant to s.218A of the Act as I considered it to be an ‘obvious error’. Parties were given the opportunity to raise any objections to this course of action, and no objections were received by the Commission.

1. I am satisfied that the relevant error identified is an obvious error, and I am further satisfied that the amendment should be made pursuant to s.218A of the Act. Pursuant to the below order, the error is amended.

Order

1. I order, pursuant to s.218A of the Act, that the Agreement be varied to correct an obvious error as follows:

A.         With respect to clause 10.23 of the Agreement, by deleting the reference to ‘clause 10.24’ and replacing it with ‘clause 10.25’.

B.         The variation will operate from 4 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529497  PR788650>

Annexure A