The Association of Independent Schools NSW T/A AISNSW Summary

[2022] FWCA 1772

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools NSW T/A AISNSW

(AG2022/1147)

Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2021(2)

Educational services
COMMISSIONER MATHESON	SYDNEY, 31 MAY 2022

Application for approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2021(2) – correction to decision.

The decision issued by the Fair Work Commission on 30 May 2022 [[2022] FWCA 1772] is corrected as follows:

By amending the numbering of paragraph [4] to paragraph [5].

By inserting a new paragraph [4] which reads as follows:

[4] 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) of the Act, I note that the Agreement covers the organisation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Association of Independent Schools NSW (AISNSW) applied for approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2021. The Independent Education Union of Australia opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Act.

The legal issues before the Commission were whether the agreement was in the public interest, whether it provided for minimum terms and conditions of employment, and whether it was consistent with the Fair Work Act 2009. The Commission also had to consider whether the agreement covered the organisation and whether it was appropriate for the agreement to be approved.

The Commission found that the agreement met the necessary criteria for approval under the Act. The agreement provided for minimum terms and conditions of employment, was in the public interest, and was consistent with the Act. The Commission also found that the agreement covered the organisation and that it was appropriate for the agreement to be approved. The Commission noted that the Independent Education Union of Australia had given notice under section 183 of the Act that it wanted the agreement to cover it.

The Commission approved the agreement with a correction to the decision. The numbering of paragraph [4] was amended to paragraph [5], and a new paragraph [4] was inserted. The new paragraph [4] noted that the Independent Education Union of Australia had given notice under section 183 of the Act that it wanted the agreement to cover it. In accordance with section 201(2) of the Act, the Commission noted that the agreement covered the organisation. The Commission approved the agreement as a multi-enterprise agreement.

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