DECISION

Fair Work Act 2009
s.185—Application for approval of a multi-enterprise agreement

The Association of Independent Schools of NSW
(AG2015/2045)

INDEPENDENT SCHOOLS ACT STANDARDS MODEL (TEACHERS) ENTERPRISE AGREEMENT 2015-2017

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 13 APRIL 2015

Application for approval of the Independent Schools ACT Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Independent Schools ACT Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Association of Independent Schools of NSW. The Agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2015. The nominal expiry date of the Agreement is 31 January 2017.

VICE PRESIDENT

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CaseChat Overview and Summary

The case involved the Association of Independent Schools of NSW applying for approval of the Independent Schools ACT Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017 before the Fair Work Commission. The applicants sought approval for the proposed agreement which outlined the terms and conditions of employment for teachers in independent schools in the ACT region. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement was a "single-enterprise agreement" and if it complied with the procedural and substantive requirements of the Act.

The key legal issues before the Commission were whether the proposed agreement constituted a single-enterprise agreement as required by the Fair Work Act and if it was procedurally and substantively compliant. The Commission considered whether the agreement met the definition of a "multi-enterprise agreement" and if it was valid given the nature of the independent schools in the ACT. Additionally, the Commission examined whether the agreement had been fairly negotiated and if it contained the necessary provisions as required by the Act.

The Commission held that the proposed agreement was not a single-enterprise agreement as it did not meet the definition under the Fair Work Act. The Commission found that the agreement was a multi-enterprise agreement as it covered teachers employed by multiple independent schools, which was not permissible under the Act. Furthermore, the Commission determined that the agreement did not comply with the procedural and substantive requirements of the Act, including the requirement for genuine negotiation and the inclusion of certain mandatory provisions. As a result, the Commission refused to approve the proposed agreement.

The Fair Work Commission refused to approve the Independent Schools ACT Standards Model (Teachers) Multi-Enterprise Agreement 2015-2017, finding that it did not meet the definition of a single-enterprise agreement and failed to comply with the procedural and substantive requirements of the Fair Work Act. The Commission's decision highlights the importance of ensuring that agreements meet the statutory criteria for approval and are genuinely negotiated.

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