2 November 2016 – Email about Teachers and Related Employees Agreement

Dear Colleagues,

Yesterday I sent you three emails about bargaining for a new Teachers and Related Employees Enterprise Agreement. This may have come as a surprise, given the joint communiqué with the AEU NSW Teachers Federation, so please let me explain.

The trigger for those emails was the discovery of a technical error, the inclusion of a TAFE NSW logo in the Notice of Employee Representational Rights (NERR) that was issued to employees in June 2015.

Issuing of the NERR is an important step in the process for making an enterprise agreement. If there are any irregularities in this process, the Fair Work Commission will not approve an enterprise agreement, even if it has been voted up by a majority of employees. This would mean a further delay of several months – an outcome I want to avoid.

That's why TAFE NSW decided to cease bargaining under the previous process, initiate bargaining under a new process and issue a new NERR – the three emails I sent to you yesterday.

What will happen next?

The starting point for the new bargaining process will be the in-principle agreement reached with the AEU NSW Teachers Federation, who are aware of the requirement to commence a new bargaining period.  

Under the Fair Work Act, the earliest date TAFE NSW can conduct a vote is 21 days after the date the new NERR was given to employees. TAFE NSW is committed to working with the bargaining representatives towards a positive result for Teachers and Related Employees and conducting a ballot as soon as the process permits.

If you have any questions about this process, contact EBupdate@tafensw.edu.au.

Kind regards and stay safe

Jon Black