| [2025] FWCA 1127 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Association of Independent Schools of New South Wales Limited
(AG2025/674)
INDEPENDENT SCHOOLS (TEACHERS) COOPERATIVE MULTI-ENTERPRISE AGREEMENT 2025
| Educational services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 2 APRIL 2025 |
Application for approval of the Independent Schools (Teachers) Cooperative Multi-Enterprise Agreement 2025.
An application has been made for approval of a multi-enterprise agreement known as the Independent Schools (Teachers) 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 (Applicant). 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 1A and Schedule 2 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, as varied, 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
<AE528546 PR785779>
- AGLC
- The Association of Independent Schools of New South Wales Limited [2025] FWCA 1127
- Case
- [2025] FWCA 1127
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically regarding its coverage, fairness, and procedural propriety. The Commission had to determine if the agreement was genuinely negotiated and if it provided fair terms and conditions for the employees. The second issue was whether the application process complied with the necessary procedural requirements, including proper notification and consultation with relevant parties.
The Fair Work Commission found that the proposed agreement was genuinely negotiated and provided fair terms and conditions for the teachers. The Commission acknowledged that the agreement balanced the needs of the schools and teachers, and it met the statutory requirements. Regarding the procedural propriety, the Commission concluded that the applicants had adequately notified and consulted with the relevant parties, thus satisfying the procedural requirements. Consequently, the Commission approved the Independent Schools (Teachers) Cooperative Multi-Enterprise Agreement 2025. This decision allowed the agreement to come into effect, providing a framework for the terms and conditions of employment for teachers in independent schools in New South Wales.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.