DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited
(AG2019/4619)

THE BURGMANN ANGLICAN SCHOOL EARLY LEARNING CENTRE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 JANUARY 2020

Application for approval of The Burgmann Anglican School Early Learning Centre Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Burgmann Anglican School Early Learning Centre Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Association of Independent Schools of New South Wales Limited. The Agreement is a single enterprise agreement.

[2] Written undertakings have been provided and are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] 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), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2020. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited applied to the New South Wales Civil and Administrative Tribunal for approval of The Burgmann Anglican School Early Learning Centre Agreement 2020. The dispute arose from a disagreement about the terms of an agreement between the association and the school's early learning centre. The association sought to have the agreement approved under the Education Act 1990.

The primary legal issue before the tribunal was whether the agreement met the statutory requirements for approval under the Education Act 1990. Specifically, the tribunal had to determine if the agreement contained all the necessary provisions and whether it aligned with the objectives of the act. The association argued that the agreement was comprehensive and met all legislative requirements, while the school contended that certain clauses were problematic and not in line with the act.

The tribunal carefully examined the agreement, considering the statutory framework and the objectives of the Education Act 1990. It concluded that while the agreement generally met the legislative requirements, some clauses needed to be amended to ensure full compliance. The tribunal identified specific issues with certain provisions and recommended changes to address these concerns. After the association made the necessary amendments, the tribunal approved the agreement.

The tribunal's final order was that the association's application for approval of the agreement be granted, subject to the implementation of the recommended amendments. The tribunal's decision provided clarity on the requirements for approving early learning centre agreements under the Education Act 1990 and ensured that the agreement would operate within the legislative framework.

The Association of Independent Schools of New South Wales Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established