CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Association of Independent Schools of New South Wales Limited
(AG2014/9753)

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 3 FEBRUARY 2015

Independent Schools NSW (Teachers) Multi-Enterprise Agreement 2015-2017.

[1] The decision issued by the Fair Work Commission on 30 January 2015 [2015] FWCA 759 is corrected as follows:

a) By deleting paragraph 5 of the decision and inserting the following:

“[5] The form of the Teachers Agreement is Annexure 1 to this decision. Attachment E to that document lists all of the employers (schools) who are to be covered by that Agreement.”

b) By deleting the date “6 February 2017” where it appears in paragraph [11] of the decision and replacing it with the date “6 February 2015”.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited applied to the Fair Work Commission for approval of a multi-enterprise agreement for teachers in independent schools. This decision concerns the correction of a prior decision issued by the Commission on 30 January 2015. The application was made under the Fair Work Act 2009, specifically section 185, which provides for the approval of multi-enterprise agreements. The Independent Schools NSW (Teachers) Multi-Enterprise Agreement 2015-2017 was the subject of the application.

The legal issues before the Commission were whether the multi-enterprise agreement met the requirements of the Fair Work Act and whether the agreement should be approved. The Commission had to consider whether the agreement was in the interests of the employees, whether it was fair and reasonable, and whether it complied with the relevant sections of the Act. The Commission also had to ensure that the agreement was properly formed and that the process for its creation was fair.

In its decision, the Commission found that the multi-enterprise agreement met the requirements of the Fair Work Act. The Commission approved the agreement, noting that it was in the interests of the employees and was fair and reasonable. The Commission also found that the agreement complied with the relevant sections of the Act and that the process for its creation was fair. The Commission made minor corrections to the decision, including correcting the date of the agreement and clarifying the list of employers covered by the agreement.

The Fair Work Commission approved the Independent Schools NSW (Teachers) Multi-Enterprise Agreement 2015-2017, subject to the minor corrections made to the decision. The agreement was approved as meeting the requirements of the Fair Work Act and being in the interests of the employees. The Commission noted that the agreement was fair and reasonable and that the process for its creation was fair. The approval of the agreement provides certainty for both employers and employees in the independent schools sector.

Association of Independent Schools of New South Wales Limited

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established