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
(AG2015/2114)

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

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 13 APRIL 2015

Application for approval of the Independent Schools NSW (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 (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

The Association of Independent Schools of New South Wales Limited applied to the Fair Work Commission for the approval of the Independent Schools NSW (Teachers) Multi-Enterprise Agreement 2015-2017 (2). The Independent Schools Employers Association, Independent Schools NSW, and the Independent Education Union of Australia were the other parties involved in the dispute. The primary issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009, including the need to achieve better economic, productivity, and workplace relations outcomes for the parties.

The court considered various factors in determining the approval of the agreement, including the fairness and effectiveness of the proposed terms, the impact on the parties' ability to manage their businesses, and the overall benefits for teachers and schools. The court also examined the process by which the agreement was negotiated and whether it complied with the relevant provisions of the Fair Work Act. After careful consideration, the court found that the agreement achieved better economic, productivity, and workplace relations outcomes for the parties and was in the public interest. The court approved the Independent Schools NSW (Teachers) Multi-Enterprise Agreement 2015-2017 (2), subject to certain conditions and modifications.

The final orders of the court included the approval of the agreement with specific changes to address concerns about the treatment of casual employees and the process for resolving disputes. The court also directed the parties to implement the agreed-upon terms and to provide regular reports on the progress and outcomes of the agreement. This decision highlights the importance of reaching fair and effective agreements in the workplace and the role of the Fair Work Commission in ensuring that such agreements meet the necessary legal standards.

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