DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Association of Independent Schools of New South Wales Limited T/A Association of Independent Schools of New South Wales
(AG2017/6143)

GREEN VALLEY ISLAMIC COLLEGE (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 27 APRIL 2018

Application for approval of the Green Valley Islamic College (Support and Operational Staff) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Green Valley Islamic College (Support and Operational Staff) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Association of Independent Schools of New South Wales Limited T/A Association of Independent Schools of New South Wales. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Association of Independent Schools of New South Wales Limited trading as the Association of Independent Schools of New South Wales, the applicant sought approval of the Green Valley Islamic College (Support and Operational Staff) Enterprise Agreement 2017. The application was made before the Fair Work Commission, a federal tribunal with the authority to regulate and approve enterprise agreements in Australia.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval, including compliance with the provisions of the Fair Work Act 2009. This included ensuring the agreement was free from any prohibited content, covered the minimum entitlements of employees, and adhered to the procedural requirements for registration.

The Commission examined the agreement clause by clause, considering the provisions related to wages, conditions of employment, and procedural fairness. It found that while the agreement contained provisions that met the legislative standards, there were several areas of concern. These included discrepancies in the calculation of penalty rates and the classification of certain positions. After considering submissions from both parties and relevant legislative provisions, the Commission determined that the agreement could be approved with modifications to address the identified issues.

The final orders of the Commission were that the enterprise agreement be approved with specific modifications to ensure compliance with the Fair Work Act 2009. These modifications included clarifying the calculation of penalty rates and the classification of certain positions to align with the legislative requirements. The approval was contingent upon the applicant making the necessary amendments and resubmitting the agreement for final registration.

Association of Independent Schools of New South Wales Limited T/A Association of Independent Schools of New South Wales

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established