DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools NSW Limited T/A The Association of Independent Schools NSW
(AG2017/5589)

CANBERRA RUDOLF STEINER SCHOOL ASSOCIATION INCORPORATED (TEACHERS) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2018

Application for approval of the Canberra Rudolf Steiner School Association Incorporated (Teachers) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Rudolf Steiner School Association Incorporated (Teachers) 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 The Association of Independent Schools NSW Limited T/A The Association of Independent Schools NSW. 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 5 April 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

The Association of Independent Schools NSW Limited T/A The Association of Independent Schools NSW filed an application for the approval of the Canberra Rudolf Steiner School Association Incorporated (Teachers) Enterprise Agreement 2017. The application was heard in the Fair Work Commission, with the respondent being the Canberra Rudolf Steiner School Association Incorporated. The primary issue at hand was whether the proposed enterprise agreement complied with the relevant legislative framework and whether it was fair and reasonable in the context of the bargaining process.

The legal issues that the court had to decide included the validity of the bargaining process, the fairness and reasonableness of the terms and conditions proposed in the agreement, and whether the agreement met the criteria set out in the Fair Work Act 2009. The court also had to consider whether the agreement provided adequate protections for employees and whether it aligned with the principles of the national workplace relations system.

The Fair Work Commission carefully examined the evidence and submissions provided by both parties. The court found that the bargaining process was conducted in good faith and that the agreement was fair and reasonable. The commission determined that the proposed agreement met all the necessary criteria and provided adequate protections for employees. As a result, the court approved the Canberra Rudolf Steiner School Association Incorporated (Teachers) Enterprise Agreement 2017, which would now be binding on the parties involved. The decision affirmed the importance of a fair and transparent bargaining process in achieving equitable outcomes for both employers and employees.

The Association of Independent Schools NSW Limited T/A The Association of Independent Schools NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established