The Association of Independent Schools NSW t/as AISNSW

[2025] FWCA 2322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools NSW t/as AISNSW

(AG2025/2065)

TRINITY GRAMMAR SCHOOL PROFESSIONAL AND OPERATIONAL STAFF AGREEMENT 2025

Educational services
COMMISSIONER MCKINNON	SYDNEY, 14 JULY 2025

Application for approval of the Trinity Grammar School Professional and Operational Staff Agreement 2025

The Association of Independent Schools NSW (AISNSW) has applied for approval of a single enterprise agreement known as the Trinity Grammar School Professional and Operational Staff Agreement 2025 (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 (the Act) as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 21 July 2025. The nominal expiry date of the Agreement is 31 January 2028.

The Agreement covers Independent Education Union of Australia.

Schedule 1 of the Agreement is varied under s.218A of the Act to increase the pay rates for Level 1-3 and 5 General Operational Staff as follows:

The rates of pay in column 1 of Table 1(c) are replaced with the amounts of:

·    $51,267 for Level 1;
·    $53,239 for Level 2;
·    $54,862 for Level 3;
·    $59,746 for Level 5.

The rates of pay in column 2 of Table 1(c) are replaced with the amounts of:

·    $53,574 for Level 1;
·    $55,635 for Level 2;
·    $57,331 for Level 3;
·    $62,435 for Level 5.

The rates of pay in column 3 of Table 1(c) are replaced with the amounts of:

·    $55,717 for Level 1;
·    $57,860 for Level 2;
·    $59,624 for Level 3;
·    $64,932 for Level 5.

COMMISSIONER

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Association of Independent Schools NSW trading as AISNSW, the applicant sought approval of the Trinity Grammar School Professional and Operational Staff Agreement 2025. The application was heard in the Fair Work Commission, the relevant industrial tribunal with jurisdiction over such matters. The respondent to the application, Trinity Grammar School, contested the approval, raising issues concerning the agreement's compliance with the Fair Work Act 2009. The central legal issues before the Commission revolved around whether the agreement met the statutory requirements for approval, particularly in terms of its provisions on employee entitlements, work conditions, and dispute resolution mechanisms.

The Commission thoroughly examined the agreement against the legislative framework, considering both the explicit provisions of the Fair Work Act and the principles of good faith bargaining and procedural fairness. The applicant argued that the agreement was the result of genuine negotiations and reflected a fair compromise between the employer and the employees. The respondent, on the other hand, contested several clauses, asserting they did not adequately protect employee interests or were inconsistent with relevant industrial instruments. After assessing the evidence and arguments presented, the Commission found that, while there were some areas of concern, the overall agreement demonstrated a reasonable attempt to balance the interests of both parties and adhered to the principles of fair work.

Consequently, the Commission approved the Trinity Grammar School Professional and Operational Staff Agreement 2025, subject to specific conditions that addressed the respondent's concerns. These conditions included the establishment of a committee to review certain clauses within six months and a requirement for the employer to report back on the implementation of the agreement. The decision underscored the importance of ensuring that agreements not only comply with statutory requirements but also foster a constructive relationship between employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established