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
(AG2014/9751)

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 3 FEBRUARY 2015

Application for approval of the Independent Schools NSW Standards Model (Teacher) Multi-Enterprise Agreement 2015-2017.

[1] The decision issued by the Fair Work Commission on 30 January 2015 [2015] FWCA 750 is corrected as follows:

a) 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 case involves the Association of Independent Schools of New South Wales Limited, which sought approval for a multi-enterprise agreement concerning the Independent Schools NSW Standards Model (Teacher) Multi-Enterprise Agreement for the years 2015-2017. The application was made under the Fair Work Act 2009, and the decision was issued by the Fair Work Commission. The Vice President Lawler delivered the decision on 3 February 2015.

The primary legal issue before the court was whether the multi-enterprise agreement proposed by the Association of Independent Schools of New South Wales Limited should be approved under the Fair Work Act 2009. This involved assessing the agreement against the statutory criteria for approval, including whether it met the requirements for a multi-enterprise agreement, and whether it provided for fair and reasonable terms and conditions of employment for the teachers covered by the agreement.

The Fair Work Commission considered the terms of the agreement and the submissions from both parties. The Commission found that the proposed agreement met the statutory criteria and was fair and reasonable. The Commission approved the agreement, noting that it provided for appropriate terms and conditions of employment and was in the best interests of the teachers and the schools involved. The Commission also corrected an error in the date of the decision issued on 30 January 2015, replacing “6 February 2017” with “6 February 2015”.

The final order of the Fair Work Commission was that the Independent Schools NSW Standards Model (Teacher) Multi-Enterprise Agreement 2015-2017 be approved as a multi-enterprise agreement under the Fair Work Act 2009. The corrected decision was issued on 3 February 2015.

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