[2015] FWCA 2579

The attached document replaces the document previously issued with the above code on 14 April 2015.

The date of the Decision has been amended from 14 April 2015 to 13 April 2015, the day Vice President Lawler made the Decision.

In paragraph [1] a typograhical error has been corrected so that the name of the enterprise agreement is confirmed as the Independent Schools NSW Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017 (2)

Alicia Philbey

Associate to Vice President Lawler.

14 April 2015

[2015] FWCA 2579

FAIR WORK COMMISSION

DECISION

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

The Association of Independent Schools of New South Wales Limited
(AG2015/2097)

INDEPENDENT SCHOOLS NSW STANDARDS MODEL (TEACHERS) MULTI-ENTERPRISE AGREEMENT 2015-2017 (2)

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 13 APRIL 2015

Application for approval of the Independent Schools NSW Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017 (2).

[1] An application has been made for approval of an enterprise agreement known as the Independent Schools NSW Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017 (2) (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 multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 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

In the recent decision of The Association of Independent Schools of New South Wales Limited, the Fair Work Commission was asked to consider an application for the approval of the Independent Schools NSW Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017. The applicant, The Association of Independent Schools of New South Wales Limited, sought approval for the proposed agreement under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for teachers in independent schools within the state.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This required the Commission to assess whether the agreement was in the public interest and whether it complied with the requirements of the Act, including the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of teachers, independent schools, and the broader educational sector.

In delivering its decision, the Commission found that the proposed agreement was in the public interest and met the criteria for approval. The Commission noted that the agreement addressed key issues such as remuneration, working conditions, and professional development for teachers. Furthermore, it concluded that the agreement appropriately balanced the interests of all parties involved and did not undermine the public interest in maintaining a stable and effective educational environment. Consequently, the Commission approved the Independent Schools NSW Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017.

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