The Association of Independent Schools of New South Wales Limited

[2022] FWCA 1840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2022/1598)

Independent Schools NSW (Teachers) Enterprise Agreement 2021

Educational services
COMMISSIONER MATHESON	SYDNEY, 6 JUNE 2022

Application for approval of the Independent Schools NSW (Teachers) Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Independent Schools NSW (Teachers) Enterprise Agreement 2021 (Agreement). The application was made by the Association of Independent Schools of New South Wales (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2022. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales (Applicant) applied to the Fair Work Commission for the approval of the Independent Schools NSW (Teachers) Enterprise Agreement 2021 (Agreement). The Agreement, a single enterprise agreement, was intended to cover the organisation and was proposed to operate from 13 June 2022 until 31 January 2025. The Independent Education Union of Australia, a bargaining representative for the Agreement, expressed its support for the Agreement to be covered by the proposed terms.

The legal issues before the Commission centred on whether the Agreement met the requirements under sections 186, 187, and 188 of the Fair Work Act 2009 (Cth) for approval. The Commission had to determine if the Agreement was made in good faith, if it provided for a fair and efficient workplace, and if it adhered to the provisions of the Act, including ensuring it was not contrary to public policy. Additionally, the Commission had to consider if the Agreement was negotiated in good faith and if it was made without any coercion, duress, or unfair labour practices.

The Commission found that the Agreement met all the necessary requirements under the Act for approval. The Applicant had demonstrated that the Agreement was made in good faith, provided for a fair and efficient workplace, and adhered to the Act's provisions. The Commission was satisfied that the Agreement was negotiated without any coercion or unfair labour practices. Moreover, the Independent Education Union of Australia had provided notice under section 183 of the Act that it wanted the Agreement to cover it, further supporting the approval of the Agreement. Accordingly, the Commission approved the Agreement, which will operate from 13 June 2022, with a nominal expiry date of 31 January 2025.

The Fair Work Commission approved the Independent Schools NSW (Teachers) Enterprise Agreement 2021, effective from 13 June 2022, until 31 January 2025. This decision was based on the Commission's determination that the Agreement met all statutory requirements, was made in good faith, provided for a fair and efficient workplace, and was not contrary to public policy.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established