The Association of Independent Schools NSW T/A AISNSW

[2024] FWCA 1990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools NSW T/A AISNSW

(AG2024/1399)

ST LUCY’S SCHOOL (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER MCKINNON	SYDNEY, 31 MAY 2024

Application for approval of the St Lucy’s School (Support and Operational Staff) Enterprise Agreement 2023

The Association of Independent Schools NSW T/A AISNSW has applied for approval of a single enterprise agreement known as the St Lucy’s School (Support and Operational Staff) Enterprise Agreement 2023 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 7 June 2024. The nominal expiry date of the Agreement is 31 December 2026.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools NSW, trading as AISNSW, applied for the approval of the St Lucy’s School (Support and Operational Staff) Enterprise Agreement 2023. The application was heard in the Fair Work Commission, which is tasked with ensuring that employment agreements meet the standards set out in the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Act and if it was appropriately negotiated and applied.

The Commission was required to determine if the agreement contained the minimum terms and conditions mandated by the Act and if it was genuinely negotiated between the employer and the employees. The focus was on whether the agreement adhered to the provisions concerning minimum wages, penalty rates, leave entitlements, and other standard employment conditions. Additionally, the Commission needed to assess if the agreement was applied fairly and consistently to all employees within the designated bargaining unit.

After considering the evidence presented by both parties, the Commission found that the agreement met the necessary criteria. It contained all the minimum terms and conditions required by the Act and was genuinely negotiated. The Commission was satisfied that the agreement was applied fairly and consistently to the employees covered by the bargaining unit. Consequently, the Commission approved the agreement.

The final order of the Commission was that the St Lucy’s School (Support and Operational Staff) Enterprise Agreement 2023 be approved and registered under the Fair Work Act 2009. This decision provides clarity and legal recognition to the terms of the agreement, ensuring that both the employer and the employees are bound by its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established