DECISION

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

German School Johannes Gutenberg Limited by Guarantee T/A German International School Sydney
(AG2015/2260)

INDEPENDENT SCHOOLS NSW (SUPPORT AND OPERATIONAL STAFF) GERMAN INTERNATIONAL SCHOOL SYDNEY ENTERPRISE AGREEMENT 2015 - 2017

Educational services
COMMISSIONER BOOTH	BRISBANE, 7 MAY 2015

Approval for enterprise agreement - Independent Schools NSW (Support and Operational Staff) German International School Sydney Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of a single enterprise agreement known as the Independent Schools NSW (Support and Operational Staff) German International School Sydney Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by German School Johannes Gutenberg Limited by Guarantee T/A German International School Sydney.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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, will operate from 14 May 2015. The nominal expiry date of the Agreement is 31 Jnauary 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved German School Johannes Gutenberg Limited by Guarantee, trading as German International School Sydney, and Independent Schools NSW (Support and Operational Staff). The dispute centred around the approval of the Independent Schools NSW (Support and Operational Staff) German International School Sydney Enterprise Agreement 2015-2017. The Commission was tasked with determining whether the enterprise agreement complied with the relevant legislative requirements and if it could be approved under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement met the procedural requirements for approval, specifically whether the agreement was genuinely negotiated and if it contained all necessary provisions. Additionally, the Commission had to consider whether the agreement was fair and reasonable, taking into account various factors such as the need to maintain harmonious, productive, and efficient workplace relations.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It considered the process by which the agreement was negotiated and the extent to which the agreement reflected the terms and conditions of employment for the covered employees. The Commission also assessed the fairness and reasonableness of the agreement by evaluating factors such as the nature of the work, the economic circumstances of the parties, and the need to avoid undue hardship on the employer. Based on its analysis, the Commission concluded that the enterprise agreement complied with the legislative requirements and was fair and reasonable. Therefore, the Commission approved the agreement under the Fair Work Act 2009.

The Fair Work Commission's final orders included the approval of the Independent Schools NSW (Support and Operational Staff) German International School Sydney Enterprise Agreement 2015-2017, effective from 1 January 2016 until 31 December 2017. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the covered employees during the specified period.

German School Johannes Gutenberg Limited by Guarantee T/A German International School Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established