The Association of Independent Schools of New South Wales Limited
[2022] FWCA 781
•4 MARCH 2022
| [2022] FWCA 781 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Association of Independent Schools of New South Wales Limited
(AG2021/8785)
Independent Schools NSW/ACT Standards Model (Teachers) Multi-Enterprise Agreement 2021
| Educational services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 4 MARCH 2022 |
Application for approval of the Independent Schools NSW/ACT Standards Model (Teachers) Multi-Enterprise Agreement 2021.
An application has been made for approval of a multi-enterprise agreement known as the Independent Schools NSW/ACT Standards Model (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.
If an application for the approval of a multi-enterprise agreement is made, and the enterprise agreement meets the requirements in sections 186 and 187 of the Fair Work Act, the Commission must approve the agreement.
One employee, Mr Bryan Hall, opposed the approval of the Agreement. Mr Hall provided detailed submissions as to the reasons for his opposition which I have carefully considered. Many of the matters raised by Mr Hall, while obviously of concern to him, are not matters that form part of the Commission’s consideration as to whether the requirements of the relevant sections of the Act have been met. The Commission’s role in the approval process does not extend, for example, to what matters were capable of being included in an Agreement but were not so included. In respect of some other matters raised by Mr Hall, such as whether the group of employees was fairly chosen, I am satisfied that the material filed by the AISNSW and the Independent Education Union of Australia has adequately addressed these matters.
Having considered all the material filed by the parties, 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
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