The Association of Independent Schools of New South Wales Limited

[2022] FWCA 890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2021/8788)

Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2021

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 15 MARCH 2022

Application for approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2021.

An application has been made for approval of a multi-enterprise agreement known as the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2021 (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 22 March 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

In this matter, the Association of Independent Schools of New South Wales Limited sought approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2021 from the Fair Work Commission. The association argued that the agreement was necessary to regulate the terms and conditions of employment for support and operational staff within the independent schools sector in New South Wales. The dispute hinged on whether the agreement met the legal standards for approval under the Fair Work Act 2009, particularly in terms of its coverage, fairness, and compliance with the public interest considerations.

The court was tasked with determining if the agreement appropriately covered the intended workforce and if it provided fair and reasonable terms and conditions of employment. Additionally, the court had to assess whether the agreement aligned with the public interest and met the criteria for approval as set out in the Fair Work Act 2009. The court also had to consider submissions from stakeholders, including the association and representatives of the affected employees, to ensure a balanced and comprehensive evaluation of the agreement.

The Fair Work Commission found that the agreement was comprehensive and met the legal standards for approval. The court concluded that the agreement provided fair and reasonable terms for the support and operational staff within the independent schools sector. The commission emphasised that the agreement was beneficial for both employers and employees, providing clarity and stability in employment conditions. The court also noted that the agreement appropriately addressed public interest considerations, including educational standards and workforce development. The application was thus approved, allowing the agreement to be implemented.

The final orders of the commission were that the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2021 be approved, effective from the date of the decision. This approval ensures that the agreement can be used to regulate the terms and conditions of employment for the specified workforce within the independent schools sector in New South Wales.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established