DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of New South Wales Ltd T/A AISNSW
(AG2017/775)

INDEPENDENT SCHOOLS NSW (SUPPORT AND OPERATIONAL STAFF) MULTI-ENTERPRISE AGREEMENT 2017 (2)

Educational services
COMMISSIONER JOHNS	MELBOURNE, 1 MAY 2017

Application for approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017 (2).

[1] On 13 April 2017, The Association of Independent Schools of New South Wales Ltd T/A AISNSW (Applicant) made an application for approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017 (2) (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a multi-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 May 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Ltd, trading as AISNSW, applied for approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017. This case involved a dispute between the applicant association and the relevant employee representatives regarding the terms of the proposed agreement. The application was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the minimum terms and conditions as outlined in the Act and whether it had been made in good faith and without coercion. Additionally, the Commission examined if the agreement was in the best interests of the employees it sought to cover.

The Commission concluded that the proposed agreement did meet the statutory criteria for approval. The agreement contained all the mandated minimum terms and conditions, and the Commission was satisfied that it had been made in good faith and without coercion. Furthermore, the Commission found that the agreement was in the best interests of the employees it covered. Consequently, the Commission approved the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017.

The Fair Work Commission approved the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017, effective from 1 April 2017. The Commission determined that the agreement met all necessary statutory requirements and was in the best interests of the employees it covered. This decision resolved the dispute between the Association of Independent Schools of New South Wales Ltd and the employee representatives, allowing the agreement to be implemented as intended.

The Association of Independent Schools of New South Wales Ltd 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