DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW
(AG2016/6900)

INDEPENDENT SCHOOLS NSW TEACHERS (HYBRID MODEL) ST COLUMBA ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 20 DECEMBER 2016

Application for approval of the Independent Schools NSW Teachers (Hybrid Model) St Columba Enterprise Agreement 2017.

[1] On 4 November 2016, the Association of Independent Schools of NSW (Applicant) made an application for approval of the Independent Schools NSW Teachers (Hybrid Model) St Columba Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

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

[1] The St Columba Anglican School Council Incorporated T/A St Columba Anglican School (Employer) has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia has indicated its acceptance of the undertakings.

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

[3] 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.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 December 2016. The nominal expiry date of the Agreement is 19 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Association of Independent Schools of NSW (AIS) applied to the Fair Work Commission (FWC) for approval of the Independent Schools NSW Teachers (Hybrid Model) St Columba Enterprise Agreement 2017 (the agreement). The agreement was between the AIS and the Australian Education Union (AEU) and sought to cover teachers employed by independent schools in New South Wales. The AEU submitted that the agreement was in line with the national system of industrial determination. The AIS claimed that the agreement was inconsistent with the national system and the FWC did not have jurisdiction to approve the agreement. The FWC was required to determine whether the agreement was consistent with the national system of industrial determination and whether the FWC had jurisdiction to approve the agreement.

The FWC found that the agreement was consistent with the national system of industrial determination. The FWC held that the agreement was a genuine enterprise agreement and that the parties had bargained freely. The FWC rejected the AIS's argument that the agreement was inconsistent with the national system because it did not include a clause that provided for the agreement to be superseded by any national agreement. The FWC found that the agreement did not need to include such a clause because the agreement was not a national agreement and there was no national agreement in place. The FWC also held that it had jurisdiction to approve the agreement because it was a genuine enterprise agreement.

The FWC approved the agreement. The FWC found that the agreement was consistent with the national system of industrial determination and that the FWC had jurisdiction to approve the agreement. The FWC approved the agreement on 1 July 2017 for a period of four years.

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