The Association of Independent Schools of New South Wales Limited Summary

[2022] FWCA 793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2021/8787)

Independent Schools NSW (Teachers) Multi-Enterprise Agreement 2021

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 4 MARCH 2022

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

An application has been made for approval of a multi-enterprise agreement known as the Independent Schools NSW (Teachers) 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

The Association of Independent Schools of New South Wales Limited recently appeared before the Fair Work Commission, seeking approval of the Independent Schools NSW (Teachers) Multi-Enterprise Agreement 2021. The agreement was made between the Association and the Independent Schools Teachers Association, which represents the interests of teachers in independent schools across New South Wales. The primary dispute revolves around the terms and conditions of employment for teachers in independent schools, including wages, working hours, and other employment-related matters.

The legal issues the court was required to decide involved whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for the minimum entitlements, and if it was made in good faith and without coercion. The court also had to consider whether the agreement was consistent with the principles of enterprise bargaining as outlined in the Act. Further, the court examined if the agreement provided a fair and reasonable outcome for both the teachers and the independent schools.

The Fair Work Commission found that the agreement was made in good faith, without coercion, and met all statutory requirements. The Commission was satisfied that the agreement provided for minimum entitlements and was consistent with the principles of enterprise bargaining. The court considered the evidence presented by both parties, including expert testimony on the educational and economic context, and the impact of the agreement on the parties involved. The court ultimately approved the agreement, recognising its balanced approach in addressing the needs of both teachers and independent schools. This decision ensures that the agreement will proceed as a legally binding multi-enterprise agreement, governing the employment conditions for teachers in independent schools in New South Wales.

The Association of Independent Schools of New South Wales Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established