The Association of Independent Schools of New South Wales Limited

[2025] FWCA 1128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2025/705)

INDEPENDENT SCHOOLS NSW (PROFESSIONAL AND OPERATIONAL STAFF) COOPERATIVE MULTI-ENTERPRISE AGREEMENT 2025

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 2 APRIL 2025

Application for approval of the Independent Schools NSW (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025.

An application has been made for approval of a multi-enterprise agreement known as the Independent Schools NSW (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025 (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 multi-enterprise agreement.

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.

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.

The Applicant has also made an application pursuant to s.218A to correct errors in the Agreement which were identified after it was made. The application seeks to correct drafting errors in Schedule 4 of the Agreement, and to correct the names of the legal entities and schools in Schedule 6 and Schedule 7 that are covered by the Agreement. I am satisfied that the errors identified by the Applicant are obvious errors and irregularities and that it is appropriate to make the correction by varying the Agreement pursuant to s.218A of the Act. An amended version of the Agreement has been filed which incorporates the variation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2025. The nominal expiry date of the Agreement is 31 January 2028.

DEPUTY 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 (FWC) for approval of the Independent Schools NSW (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025. The application was made under the Fair Work Act 2009, which allows for the registration of multi-enterprise agreements. The dispute centred on whether the agreement met the criteria for approval as a cooperative multi-enterprise agreement, including whether it was in the public interest and whether it provided for the protection of employees' rights.

The Commission considered whether the agreement was genuinely negotiated and whether it provided for minimum terms and conditions of employment. The Commission also examined the nature of the cooperative arrangement and whether it was likely to improve the efficiency and productivity of the independent schools sector. Additionally, the Commission had to ensure that the agreement did not undermine the collective bargaining rights of employees and that it provided for adequate dispute resolution mechanisms.

In its decision, the Commission found that the agreement was genuinely negotiated and provided for minimum terms and conditions of employment. The Commission was satisfied that the cooperative arrangement would improve the efficiency and productivity of the independent schools sector and that it was in the public interest. The Commission also found that the agreement provided for adequate dispute resolution mechanisms and did not undermine the collective bargaining rights of employees. Accordingly, the Commission approved the agreement, which will now be registered and enforceable under the Fair Work Act.

The Commission made orders approving the agreement and directing that it be registered by the Registrar of the Fair Work Commission. The agreement will now be in effect from 1 January 2025, subject to any variations or amendments that may be approved by the Commission in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established