DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Limited T/A AISNSW
(AG2018/6431)

SYDNEY CHURCH OF ENGLAND GRAMMAR SCHOOL TEACHERS AGREEMENT 2019 - 2022

Educational services
COMMISSIONER JOHNS	MELBOURNE, 8 MARCH 2019

Application for approval of the Sydney Church of England Grammar School Teachers Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Church of England Grammar School Teachers Agreement 2019-2022 (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 T/A AISNSW. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Independent Education Union of Australia (IEU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited, trading as AISNSW, applied to the Fair Work Commission for approval of the Sydney Church of England Grammar School Teachers Agreement 2019-2022. The dispute centred on the terms and conditions of employment for teachers within the school, including wages, working hours, and other employment provisions. The Fair Work Commission, presided over by Commissioner J. D. Cavanough, was tasked with reviewing and approving the agreement to ensure it met the statutory requirements under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act, including provisions on minimum wages, maximum weekly hours, and other employment standards. The Commission also needed to assess if the agreement provided for a fair and equitable resolution of workplace issues and whether it was consistent with the principles of the National Employment Standards. Furthermore, the Commission had to consider the impact of the agreement on the parties involved, particularly the teachers and the school, and whether it facilitated an efficient and productive workplace.

The Fair Work Commission carefully reviewed the terms of the agreement and found that it met the statutory requirements under the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including adequate wages and reasonable working hours. The Commission also noted that the agreement contained provisions for the fair and equitable resolution of workplace issues, which was consistent with the principles of the National Employment Standards. Based on these findings, the Commission approved the agreement, finding it to be in the best interests of the parties involved and conducive to an efficient and productive workplace.

The Fair Work Commission's decision to approve the Sydney Church of England Grammar School Teachers Agreement 2019-2022 provides clarity and certainty for both the teachers and the school. The Commission's thorough review and analysis of the agreement ensures that it meets the statutory requirements and provides for fair and reasonable terms and conditions of employment. This decision will likely serve as a useful reference for other independent schools in New South Wales when negotiating and approving their own enterprise agreements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established