The Association of Independent Schools NSW T/A AISNSW Summary

[2024] FWCA 1989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools NSW T/A AISNSW

(AG2024/1398)

ST LUCY’S SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER MCKINNON	SYDNEY, 31 MAY 2024

Application for approval of the St Lucy’s School (Teachers) 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 (Teachers) 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.

Clause 13.5(c) of the Agreement is varied under section 218A of the Fair Work Act 2009 to correct an obvious error by removing the following sentence:

“In normal circumstances, a Teacher must not take personal/carer’s leave under paragraph 13.3(b), where another person had taken leave to care the same person.”

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 case involved an application for the approval of the St Lucy’s School (Teachers) Enterprise Agreement 2023, which was brought before the Fair Work Commission. The Association of Independent Schools NSW T/A AISNSW, representing the employer, and the Independent Education Union of Australia NSW Branch, representing the employees, were the primary parties involved in the dispute. The core issue was whether the proposed agreement met the necessary standards and requirements set by the Fair Work Act 2009, particularly concerning the provisions related to the employees' working conditions and remuneration.

The legal issues the court had to address included whether the enterprise agreement provided for fair and reasonable terms, and if it complied with the provisions of the Fair Work Act 2009. This involved scrutinising the proposed agreement's provisions on pay rates, working hours, leave entitlements, and other employment conditions to ensure they were fair and reasonable. The court also needed to consider if the agreement adequately protected the employees' rights and interests, while also being fair to the employer.

The Fair Work Commission found that the proposed agreement was fair and reasonable, and it met all the necessary statutory requirements. The Commission was satisfied that the agreement provided for fair terms and conditions of employment, including appropriate remuneration and other benefits. The court also noted that the agreement had been negotiated in good faith and was in line with the principles of enterprise bargaining. Consequently, the Commission approved the St Lucy’s School (Teachers) Enterprise Agreement 2023, allowing it to come into effect as a legally binding agreement between the employer and the employees.

The Fair Work Commission ordered that the St Lucy’s School (Teachers) Enterprise Agreement 2023 be approved and registered, and that it would come into effect from the date of the decision. The decision was made in accordance with the Fair Work Act 2009, ensuring that the agreement was fair and reasonable, and that it complied with all the necessary legal requirements. The approval of the agreement would now govern the employment terms and conditions for the teachers at St Lucy’s School.

The Association of Independent Schools NSW T/A AISNSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established