DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW
(AG2018/6366)

EARLY LEARNING CENTRE AGREEMENT 2018 - 2020 FOR THE COUNCIL OF ABBOTSLEIGH

Educational services
COMMISSIONER JOHNS	SYDNEY, 11 MARCH 2019

Application for approval of the Early Learning Centre Agreement 2018 - 2020 for The Council of Abbotsleigh.

[1] An application has been made for approval of an enterprise agreement known as the Early Learning Centre Agreement 2018 - 2020 for The Council of Abbotsleigh (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 NSW. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A.I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2019. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Association of Independent Schools of NSW sought approval for the Early Learning Centre Agreement 2018-2020 for The Council of Abbotsleigh. The dispute arose in the context of industrial negotiations between the association and its employees, represented by the Independent Education Union of Australia. The application was heard in the Fair Work Commission, which was required to assess whether the proposed agreement met the statutory criteria for approval.

The central legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009, specifically the provisions concerning enterprise agreements. The Commission had to determine if the agreement met the statutory requirements, including being in writing, not containing any prohibited content, and being covered by the agreement's scope. The Commission also needed to consider whether the agreement provided for the resolution of any existing disputes between the parties.

In assessing the application, the Commission found that the proposed agreement was in writing and did not contain any prohibited content. The Commission also determined that the agreement was covered by the scope of the bargaining unit and that it provided for the resolution of existing disputes. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including wages, hours of work, and other employment-related matters. The Commission concluded that the proposed agreement met the statutory requirements and approved it, noting that the agreement provided for a fair and reasonable outcome for both parties.

The Fair Work Commission approved the Early Learning Centre Agreement 2018-2020 for The Council of Abbotsleigh, subject to certain conditions. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties and met the statutory requirements for approval. The Commission also noted that the agreement provided for the resolution of existing disputes and contained comprehensive terms and conditions for employment. The Commission's decision provides guidance for future industrial negotiations between the Association of Independent Schools of NSW and its employees.

The Association of Independent Schools of NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established