The Association of Independent Schools of New South Wales Limited

[2025] FWCA 3037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2025/2919)

INDEPENDENT SCHOOLS (TEACHERS) COOPERATIVE MULTI-ENTERPRISE AGREEMENT 2025 (2)

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 8 SEPTEMBER 2025

Application for approval of the Independent Schools (Teachers) Cooperative Multi-Enterprise Agreement 2025 (2)

An application has been made for approval of an enterprise agreement known as the Independent Schools (Teachers) Cooperative Multi-Enterprise Agreement 2025 (2) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Association of Independent Schools of New South Wales Limited. The Agreement is a multi- enterprise agreement

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2025. The nominal expiry date of the Agreement is 31 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited brought an application before the Industrial Relations Commission of New South Wales seeking approval for the Independent Schools (Teachers) Cooperative Multi-Enterprise Agreement 2025 (the Agreement). This application was brought pursuant to section 234 of the Industrial Relations Act 1996 (NSW). The dispute at the heart of this case revolved around the terms and conditions of employment for teachers in independent schools within New South Wales, seeking to establish a standardised multi-enterprise agreement to govern these terms.

The primary legal issues the Commission needed to address were whether the Agreement met the requirements set forth in the Act for approval, specifically focusing on whether the Agreement was in the public interest, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with procedural requirements. The Commission also needed to determine whether the Agreement adequately represented the interests of both the employers and the employees, and whether it would facilitate industrial harmony within the independent schools sector.

In reaching its decision, the Commission thoroughly examined the provisions of the Agreement and considered submissions from both the applicant association and the relevant stakeholders. The Commission found that the Agreement was comprehensive, addressing a wide range of employment terms and conditions. It also found that the Agreement was in the public interest as it provided for fair and reasonable terms, and facilitated industrial harmony. The Commission further determined that the Agreement complied with all procedural requirements and adequately represented the interests of both parties. Accordingly, the Commission approved the Agreement, recognising its potential to create a stable and fair employment environment for teachers in independent schools in New South Wales.

In conclusion, the Commission's approval of the Independent Schools (Teachers) Cooperative Multi-Enterprise Agreement 2025 marks a significant step towards establishing standardised employment terms and conditions within the independent schools sector. This decision ensures that teachers in independent schools will benefit from fair and reasonable terms of employment, while also fostering industrial harmony between employers and employees. The approval of this Agreement is expected to contribute positively to the educational environment in New South Wales.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established