The Association of Independent Schools of New South Wales Limited Summary

[2022] FWCA 798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited

(AG2021/8789)

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

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 4 MARCH 2022

Application for approval of the Independent Schools ACT (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 ACT (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 11 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 the matter of The Association of Independent Schools of New South Wales Limited, the applicant sought approval of the Independent Schools ACT (Support and Operational Staff) Multi-Enterprise Agreement 2021 from the Fair Work Commission. The applicant 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 the Australian Capital Territory. The Commission was tasked with determining whether the agreement met the criteria for approval as set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was a multi-enterprise agreement within the meaning of the Act, and whether it met the requirements for approval, including being in the public interest and not being detrimental to the parties involved. Additionally, the Commission had to assess whether the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. The applicant argued that the agreement was necessary to ensure a fair and consistent approach to the employment of support and operational staff across the independent schools sector, while the respondents raised concerns about the potential impact on individual schools and their ability to manage their own affairs.

After considering the evidence and submissions from both the applicant and respondents, the Commission found that the proposed agreement met the criteria for approval. The Commission was satisfied that the agreement was a multi-enterprise agreement and that it was in the public interest. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. The Commission noted that the agreement provided for a flexible and adaptable approach to the employment of support and operational staff, which would benefit both employers and employees in the independent schools sector.

Accordingly, the Commission approved the Independent Schools ACT (Support and Operational Staff) Multi-Enterprise Agreement 2021. The agreement will now apply to support and operational staff employed by independent schools in the Australian Capital Territory, providing them with a consistent and fair approach to their employment terms and conditions.

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