The Association of Independent Schools of New South Wales Limited T/A AISNSW

[2022] FWCA 1481

[2022] FWCA 1481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited T/A AISNSW

(AG2022/1104)

Independent Schools NSW/ACT Standards Model (Teachers) Multi-Enterprise Agreement 2021(2)

Educational services
COMMISSIONER MATHESON	SYDNEY, 2 MAY 2022

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

1. An application has been made for approval of an enterprise agreement known as the Independent Schools NSW/ACT Standards Model (Teachers) Multi-Enterprise Agreement 2021(2) (Agreement). The application was made by the Association of Independent Schools of New South Wales Limited T/A AISNSW (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a multi-enterprise agreement.

1. I observe that clause 15.1(d) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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. 

1. 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.  

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2022. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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