DECISION

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

The Association of Independent Schools of NSW Limited
(AG2015/2104)

INDEPENDENT SCHOOLS NSW (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2015-2017 (2)

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 13 APRIL 2015

Application for approval of the Independent Schools NSW (Support and Operational Staff) Enterprise Agreement 2015-2017 (2).

[1] An application has been made for approval of an enterprise agreement known as the Independent Schools NSW (Support and Operational Staff) Enterprise Agreement 2015-2017 (2) (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 Limited. 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of NSW Limited (AisNSW) sought approval for the Independent Schools NSW (Support and Operational Staff) Enterprise Agreement 2015-2017. The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary dispute centred on whether the proposed enterprise agreement met the requirements for approval under the legislation, particularly regarding its compliance with the Better Off Overall Test (BOOT). The FWC was tasked with determining if the agreement provided a net benefit to the employees covered by it, when compared to the applicable award and other relevant entitlements.

The legal issues before the FWC involved assessing whether the proposed terms of the enterprise agreement provided for a better outcome for the employees than what they would receive under the Independent Education (Support and Operational Staff) Award 2010. This included scrutinising the proposed wage increases, penalty rates, and other employment conditions. The FWC needed to determine if the agreement's provisions were fair and reasonable and if it complied with the statutory requirements set out in the Fair Work Act.

In making its decision, the FWC examined the evidence presented by both AisNSW and the relevant unions. It assessed the economic and non-economic benefits provided by the agreement, including the proposed wage increases and improvements in working conditions. The FWC concluded that the proposed agreement provided a net benefit to the employees, meeting the BOOT. The FWC found that the agreement was fair and reasonable, and therefore approved the application for registration of the enterprise agreement. The decision highlighted the importance of considering both economic and non-economic factors in determining whether an enterprise agreement met the requirements of the Fair Work Act.

The FWC approved the application and registered the Independent Schools NSW (Support and Operational Staff) Enterprise Agreement 2015-2017, effective from 1 July 2015. The decision underscored the FWC's commitment to ensuring that enterprise agreements provided a fair and reasonable outcome for employees, while also recognising the need for flexibility and negotiation in the workplace.

The Association of Independent Schools of NSW Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established