As you are aware the ballot for the TAFE Commission 0f NSW Administrative, Support And Related Employees Enterprise Agreement 2012 closed last night.
The result of the ballot is:
- 3038 out of 6388 staff or 47.6% of staff voted
- 2825 out of 3038 staff or 92.99% of staff voted yes
- 213 out of 3038 staff or 7.01% of staff voted no.
Where to now?
Now the Agreement has been endorsed by the majority of staff that voted the Agreement needs to be lodged with Fair Work Australia (FWA) for approval. This must be done within 14 days.
TAFE will make the application to FWA and will include a copy of the Agreement that is signed by TAFE and the Unions. At the same time that TAFE makes the application to FWA the CPSU will lodge a declaration supporting the approval of the Agreement and will seek to be covered by the Agreement.
If all the relevant statutory requirements are met, FWA will approve the proposed enterprise agreement.
What are the statutory requirements that must be met?
The requirements that FWA must be satisfied have been met are:
- the pre-approval process has been followed
- the employer and employees genuinely agreed to make the Agreement
- each employee covered by the Agreement is ‘better off overall’ under the Agreement, compared to the relevant Modern Award
- the terms of the Agreement do not undercut the NES.
FWA must also be satisfied that approving the Agreement would not be inconsistent with good faith bargaining, and that it does not contain any prohibited clauses.
What happens after approval?
Seven days after the Agreement has been approved by FWA, it comes into operation. The Agreement will expire on 30 June 2013. But the Agreement continues in operation after that date until it is either terminated according to the provisions in the Act, or it is replaced by a new enterprise agreement.
The CPSU will be covered by the Agreement and will be able to enforce the Agreement on behalf of members of the CPSU.The CPSU will commence negotiations for a replacement agreement a few months prior to the nominal expiry date of this Agreement.
I would like to thank the CPSU Bargaining Team for their good work in representing the interests of staff. I would also like to thank the other unions that participated in bargaining for their solidarity.
Please forward this message to other staff and encourage anyone that has not yet joined the CPSU toJOINtoday.