The Association of Independent Schools NSW Trading AS AISNSW

[2025] FWCA 1291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Association of Independent Schools NSW Trading AS AISNSW

(AG2025/943)

SYDNEY CHURCH OF ENGLAND GRAMMAR SCHOOL TEACHERS AGREEMENT 2025 - 2027

Educational services
COMMISSIONER P RYAN	SYDNEY, 17 APRIL 2025

Application for approval of the Sydney Church of England Grammar School Teachers Agreement 2025 – 2027

The Association of Independent Schools of New South Wales Limited has made an application for approval of an enterprise agreement known as the Sydney Church of England Grammar School Teachers Agreement 2025 – 2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act).

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Model Consultation Term

The Agreement does not contain a consultation term that meets the requirements of the FW Act.

The Employees were asked to vote to approve the agreement after 26 February 2025. Accordingly, pursuant to s.205(2) and Clause 107 of Schedule 1 of the FW Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

Section 183 Bargaining representative

The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 April 2025. The nominal expiry date of the Agreement is 31 December 2027.

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, brought an application before the Industrial Relations Commission of New South Wales seeking approval of the Sydney Church of England Grammar School Teachers Agreement 2025-2027. The dispute centred around the terms and conditions of employment for teachers within the school, particularly the wage and conditions provisions outlined in the proposed agreement.

The central legal issue for the Commission to determine was whether the proposed agreement was fair and reasonable, both in terms of its provisions and in its compliance with relevant industrial legislation. This involved examining the balance of the agreement in relation to the rights and obligations of teachers and the school, as well as ensuring that the agreement did not unfairly disadvantage either party.

In considering the application, the Commission took into account the provisions of the Industrial Relations Act 1996 and relevant regulations. The Commission noted the submissions from both parties and the evidence provided, including expert testimony on industrial practices and conditions in similar independent schools. The Commission found that the agreement was fair and reasonable, as it provided for a balanced set of terms that took into account the specific circumstances of the school and its teachers. The Commission was satisfied that the agreement did not contain any terms that would be unfair to either party and that it complied with all relevant legislative requirements.

Accordingly, the Commission approved the Sydney Church of England Grammar School Teachers Agreement 2025-2027. The agreement is now a certified agreement under the Industrial Relations Act 1996, and the terms and conditions it sets out will apply to teachers employed by the school during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established