The Association of Independent Schools of New South Wales Limited

[2022] FWCA 794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2021/8786)

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 4 MARCH 2022

Application for approval of the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021.

An application has been made for approval of a multi-enterprise agreement known as the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 (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.

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 11 March 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Association of Independent Schools of New South Wales Limited, the applicant sought approval for the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021. The respondent, the Independent Education Union of Australia (NSW), opposed the application on various grounds. The dispute was heard in the Fair Work Commission, the designated authority for such matters under Australian labour law.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. These included whether the agreement would provide for fair and efficient bargaining, the balance of rights and obligations, and whether it was in the best interests of the employees. The applicant argued that the agreement was fair and met all legislative requirements, while the respondent contended that it failed to meet several criteria, particularly concerning the balance of rights and obligations.

After considering the submissions and evidence from both parties, the Commission found that the agreement largely complied with the statutory requirements. The Commission noted that while some provisions could be improved, the overall balance of rights and obligations was fair. The Commission concluded that the agreement was in the best interests of the employees and approved it. The Commission's decision was based on a careful consideration of the evidence and arguments presented, with a focus on ensuring a fair outcome for all parties involved.

The Fair Work Commission approved the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021, subject to certain conditions. The Commission's decision was based on its assessment that the agreement met the statutory requirements and was in the best interests of the employees. The approval was conditional upon the parties addressing specific concerns raised during the proceedings, ensuring that the agreement would be implemented in a fair and effective manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established