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
(AG2014/9756)

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 3 FEBRUARY 2015

Application for approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2015 - 2017.

[1] The decision issued by the Fair Work Commission on 30 January 2015 [2015] FWCA 764 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 Association of Independent Schools of New South Wales Limited applied to the Fair Work Commission for approval of a multi-enterprise agreement. This application followed the submission of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2015-2017. The matter was heard by Vice President Lawler in Sydney on 3 February 2015. The application was for the approval of the terms of this agreement, which was intended to govern the employment conditions of support and operational staff across various independent schools in New South Wales.

The legal issues before the court involved the scrutiny and validation of the proposed multi-enterprise agreement. This required the Fair Work Commission to determine whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed 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 provisions of the Act. The court also had to assess if the agreement was consistent with the broader principles of the national workplace relations system.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and it met the necessary criteria under the Fair Work Act. The court approved the agreement, noting that it provided for appropriate terms and conditions that were in the interests of the employees. The decision highlighted that the agreement would offer stability and predictability for the support and operational staff, which was deemed beneficial. The court also confirmed that the agreement complied with the relevant provisions of the Act and aligned with the objectives of the national workplace relations system.

The final orders of the Fair Work Commission were that the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2015-2017 be approved as submitted. This approval meant that the agreement could be implemented as the governing employment contract for the relevant staff across the independent schools in New South Wales.

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