DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited
(AG2016/7247)

INDEPENDENT SCHOOLS NSW (SUPPORT AND OPERATIONAL STAFF) ST COLUMBA ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 16 FEBRUARY 2017

Application for approval of the Independent Schools NSW (Support and Operational Staff) St Columba Enterprise Agreement 2017.

[1] On 23 November 2016, The Association of Independent Schools of New South Wales Limited (Applicant) made an application for approval of the Independent Schools NSW (Support and Operational Staff) St Columba Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The St Columba Anglican School Council Incorporated (Employer) has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 February 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited sought approval for the Independent Schools NSW (Support and Operational Staff) St Columba Enterprise Agreement 2017. The application was made before the Fair Work Commission. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, particularly in relation to the negotiation and content of the agreement. The Association argued that the agreement was fairly negotiated and met all the statutory requirements for approval, while the objectors raised concerns about various provisions within the agreement.

The legal issues before the Commission involved determining whether the agreement was genuinely negotiated, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it met the minimum standards for pay and conditions as prescribed by the Act. The Commission had to examine the negotiation process, the content of the agreement, and its compliance with the statutory obligations. Key concerns included the adequacy of the negotiation process, the fairness of the terms and conditions, and whether the agreement provided a safety net for employees.

The Commission found that the agreement had been fairly negotiated and met all the requirements for approval under the Fair Work Act. The Commission emphasised that the negotiation process was robust, and the agreement contained provisions that met or exceeded the minimum standards for pay and conditions. The Commission also noted that the objectors had not provided sufficient evidence to demonstrate that the agreement was unfair or did not meet the statutory requirements. Consequently, the Commission approved the Independent Schools NSW (Support and Operational Staff) St Columba Enterprise Agreement 2017.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission, and it would apply to the relevant employees covered by the agreement. The decision also mandated that the agreement be implemented in accordance with the terms set out within the approved document.

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