The Association of Independent Schools of New South Wales Limited Summary

[2025] FWCA 1465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2025/946)

SHORE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2025 – 2027

Educational services
COMMISSIONER P RYAN	SYDNEY, 2 MAY 2025

Application for approval of the Shore Early Learning Centre Enterprise Agreement 2025 – 2027

The Association of Independent Schools of New South Wales Limited has made an application for approval of an enterprise agreement known as the Shore Early Learning Centre Enterprise Agreement 2025 – 2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act).

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining representative

The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

Section 218A variation to correct or amend errors, defects or irregularities

Clauses 2, 11.1, 28.2, 30.1(c), and Table 3 of Schedule 1 contain obvious errors.

After seeking the views of the parties, I am satisfied that I should exercise my discretion pursuant to s.218A to amend the Agreement.
Accordingly, the Agreement is varied as follows:

(i)In clauses 2, 11.1, 28.2, and Table 3 of Schedule 1, the words “Child Care Employee” are removed wherever they appear and replaced with the words “Child Care Educator”.
(ii)In clause 30.1(c), the references to clauses “26.4” and “26.11” are deleted and replaced with “30.4” and “30.11” respectively.

This variation will operate from 2 April 2025.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited (AIS) applied to the Fair Work Commission (FWC) for approval of the Shore Early Learning Centre Enterprise Agreement 2025 – 2027. The FWC was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009. The legal issues before the FWC were whether the agreement provided adequate protections for the employees and whether it adhered to the provisions of the Act, including the Fair Work (Registered Organisations) Act 2009. The FWC needed to assess the fairness and compliance of the proposed terms, particularly focusing on wages, conditions, and other employment aspects.

The FWC examined the provisions of the proposed agreement, considering the balance between the interests of the employer and the employees. It looked into whether the agreement provided for minimum wages, reasonable working hours, and adequate leave entitlements. The FWC also considered whether the agreement allowed for fair representation and consultation processes, ensuring that employees had a voice in the workplace. Additionally, the FWC reviewed the agreement to ensure it did not undermine existing industrial awards or agreements. After careful consideration, the FWC found that the agreement met the necessary criteria for approval, striking a balance between the rights and obligations of both parties.

The FWC approved the Shore Early Learning Centre Enterprise Agreement 2025 – 2027, recognising it as meeting the requirements of the Fair Work Act 2009. The FWC acknowledged the efforts of both parties in reaching an agreement that provided fair and reasonable terms for employees. The decision highlighted the importance of maintaining a balanced approach in enterprise agreements to ensure compliance with the Act while addressing the needs of both employers and employees. The approval of the agreement was seen as a step forward in achieving fair and equitable employment practices within the independent education sector in New South Wales.

The Association of Independent Schools of New South Wales Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established