The Association of Independent Schools of New South Wales Limited

[2022] FWCA 1829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2022/1609)

Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 (2)

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 3 JUNE 2022

Application for approval of the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 (2).

An application has been made for approval of a multi-enterprise agreement known as the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 (2) (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.

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 10 June 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited, on behalf of the Independent Schools NSW, sought approval for the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 from the Fair Work Commission. The dispute arose from the need to secure a comprehensive agreement that would govern the terms and conditions of employment for teachers in independent schools across New South Wales, under a hybrid working model that includes both remote and on-site work. The Fair Work Commission was tasked with examining the fairness and appropriateness of the agreement to ensure it met the necessary standards under the Fair Work Act 2009.

The court was required to determine whether the agreement complied with the statutory requirements and whether it was fair and appropriate for the teachers involved. This involved assessing the agreement against various criteria, including its compliance with minimum entitlements, the process through which it was negotiated, and whether it provided a genuine basis for bargaining. The court also needed to consider the impact of the hybrid model on the teachers' working conditions and whether the agreement adequately addressed these changes.

The Fair Work Commission found that the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021 was fair and appropriate. The agreement was deemed to meet the statutory requirements, providing a genuine basis for bargaining and covering all the necessary aspects of employment. The court was satisfied with the process of negotiation and the comprehensive nature of the agreement, which effectively addressed the unique challenges presented by the hybrid working model. Consequently, the Commission approved the agreement, recognising its fairness and appropriateness for the teachers it covered.

The Fair Work Commission approved the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2021, acknowledging its compliance with the statutory requirements and its fairness for the teachers. This decision provides a precedent for similar agreements in the independent education sector, ensuring that the rights and working conditions of teachers are appropriately safeguarded under evolving work models.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established