DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Association of Independent Schools of New South Wales Limited
(AG2015/5681)

INDEPENDENT SCHOOLS NSW STANDARDS MODEL (TEACHERS) GERMAN INTERNATIONAL SCHOOL SYDNEY ENTERPRISE AGREEMENT 2015-2017

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 17 NOVEMBER 2015

Application for approval of the Independent Schools NSW Standards Model (Teachers) German International School Sydney Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Independent Schools NSW Standards Model (Teachers) German International School Sydney Enterprise Agreement 2015-2017 (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. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2015. The nominal expiry date of the Agreement is 31 January 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited sought approval from the Fair Work Commission of the Independent Schools NSW Standards Model (Teachers) German International School Sydney Enterprise Agreement 2015-2017. The application was brought by the employer association against a union representing the employees. The union had not provided its consent to the proposed agreement, and the employer association applied for the agreement to be approved as a safety net agreement. The matter was heard in the Full Bench of the Fair Work Commission.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval as a safety net agreement. The employer association argued that the agreement was fair and reasonable, and that the union's refusal to consent was unreasonable. The union argued that the agreement did not provide adequate protections for employees and that the employer association had not demonstrated that it had taken all reasonable steps to reach an agreement with the union.

The court found that the proposed agreement met the criteria for approval as a safety net agreement. The court found that the agreement provided reasonable terms and conditions for employees, and that the employer association had taken all reasonable steps to reach an agreement with the union. The court found that the union's refusal to consent was unreasonable, and that the agreement was in the best interests of the employees.

The Fair Work Commission approved the Independent Schools NSW Standards Model (Teachers) German International School Sydney Enterprise Agreement 2015-2017 as a safety net agreement. The union's objections to the agreement were dismissed. The agreement is now in effect and provides the terms and conditions of employment for teachers at the German International School Sydney.

The Association of Independent Schools of New South Wales Limited

DECISION

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Background to the litigation

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Legal Principle Established