The Association of Independent Schools NSW trading as AISNSW

[2025] FWCA 3095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools NSW trading as AISNSW

(AG2025/2763)

INDEPENDENT SCHOOLS NSW (PROFESSIONAL AND OPERATIONAL STAFF) COOPERATIVE MULTI-ENTERPRISE AGREEMENT 2025 (2)

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 SEPTEMBER 2025

Application for approval of the Independent Schools NSW (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025 (2)

An application has been made for approval of an enterprise agreement known as the Independent Schools NSW (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025 (2) (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 September 2025. The nominal expiry date of the Agreement is 31 January 2028.

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Independent Education Union of Australia.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools NSW trading as AISNSW applied to the Fair Work Commission for approval of the Independent Schools NSW (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025 (2). The applicant is a body corporate representing the interests of independent schools in New South Wales. The matter came before the Commission to determine whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was in the public interest, met the coverage test, and whether the agreement was made in good faith and without coercion. The coverage test requires that the agreement must cover at least 90% of the employees in the independent schools sector, and that the agreement was made in good faith and without coercion. The Commission had to consider whether the agreement met these requirements and whether it was in the public interest.

In determining whether the agreement met the coverage test, the Commission found that the agreement had been signed by the majority of independent schools in New South Wales and that it covered at least 90% of the employees in the independent schools sector. The Commission also found that the agreement was made in good faith and without coercion, as there was no evidence of any undue influence or pressure exerted on the parties to enter into the agreement. Finally, the Commission considered whether the agreement was in the public interest and found that it met this requirement as it provided for fair and reasonable terms and conditions of employment for the employees in the independent schools sector.

The Commission approved the Independent Schools NSW (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025 (2) as it met the legal requirements for approval under the Fair Work Act 2009. The agreement provides for fair and reasonable terms and conditions of employment for the employees in the independent schools sector and is in the public interest. The Commission considered the evidence presented by the parties and found that the agreement met the coverage test and was made in good faith and without coercion. The final orders of the Commission were that the agreement be approved as a cooperative multi-enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established