Association of Independent Schools - New South Wales - [2017] FWCA 4113

[2017] FWCA 4113

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Association of Independent Schools - New South Wales

(AG2017/2717)

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017 (2)

Educational services
Commissioner Johns	SYDNEY, 4 AUGUST 2017

Application for approval of the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017 (2).

On 6 July 2017, an application was made for approval of an enterprise agreement known as the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017 (2). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by The Association of Independent Schools of NSW Ltd T/A AISNSW (Applicant). The agreement is a multi-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54, will operate from 11 August 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

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CaseChat Overview and Summary

The Applicant, Association of Independent Schools New South Wales, sought approval of the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017 (2) from the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for teachers within independent schools in New South Wales. The court tasked with this matter was the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and industrial disputes.

The central legal issues the court had to address were whether the proposed agreement was fair and reasonable, and whether it met the criteria for approval under the Fair Work Act 2009. This included determining if the agreement adequately protected the rights and interests of both the teachers and the independent schools, and if it adhered to the principles of the enterprise bargaining system. The court also needed to consider whether the agreement would promote productivity, sustainability, and economic prosperity.

In reaching its decision, the Fair Work Commission carefully examined the provisions of the agreement, the submissions from both parties, and relevant precedents. The Commission concluded that the agreement was fair and reasonable, as it balanced the interests of teachers and independent schools, and was consistent with the objectives of the Fair Work Act. The Commission found that the agreement met all necessary criteria, including those relating to pay, conditions, and dispute resolution mechanisms. As a result, the Commission approved the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017 (2).

Association of Independent Schools - New South Wales

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established