The Association of Independent Schools of New South Wales Limited Summary

[2025] FWCA 988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2025/639)

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

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 21 MARCH 2025

Application for approval of the Independent Schools ACT (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 ACT (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 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 for approval of the Independent Schools ACT (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025. The application was made to the Fair Work Commission (FWC) by the Association of Independent Schools of New South Wales Limited, and the Fair Work Ombudsman intervened to argue that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009. The FWC was required to determine whether the agreement met the criteria for approval, including that it be in the public interest and that it provided for fair and reasonable terms and conditions of employment.

The FWC considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was in the public interest. The FWC found that the agreement did provide for fair and reasonable terms and conditions of employment, and that it was in the public interest. The FWC noted that the agreement provided for a minimum wage increase of 3% per year, which was in line with the current inflation rate, and that it included provisions for additional leave entitlements and flexible working arrangements. The FWC also found that the agreement did not have any adverse effects on the public interest, and that it would not lead to any significant negative economic or social impacts.

The FWC approved the Independent Schools ACT (Professional and Operational Staff) Cooperative Multi-Enterprise Agreement 2025, subject to certain conditions. These conditions included that the agreement be reviewed every two years to ensure that it continued to meet the criteria for approval, and that any changes to the agreement be notified to the FWC. The FWC also ordered that the agreement be published on its website to increase transparency and promote compliance.

No further orders were made by the FWC. The Association of Independent Schools of New South Wales Limited was directed to comply with the conditions of approval, and the Fair Work Ombudsman was directed to monitor compliance with the agreement. The FWC determined that the agreement met the criteria for approval and was in the public interest, and that it would provide for fair and reasonable terms and conditions of employment for professional and operational staff in the independent schools sector in the ACT.

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