DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Limited T/A Association of Independent Schools of NSW Ltd
(AG2019/1820)

MACC TEACHERS ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2019

Application for approval of the MACC Teachers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MACC Teachers Enterprise Agreement 2019 (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 Limited T/A Association of Independent Schools of NSW Ltd. The Agreement is a single enterprise agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Association of Independent Schools of NSW Limited T/A Association of Independent Schools of NSW Ltd, the applicant sought approval for the MACC Teachers Enterprise Agreement 2019. The case was heard in the Fair Work Commission, an independent statutory tribunal with jurisdiction to make binding decisions in employment disputes and other industrial matters. The application involved the negotiation and approval of an enterprise agreement which was to govern the terms and conditions of employment for teachers in the independent school sector in New South Wales.

The primary legal issue the Commission was required to address was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was sufficiently certified, fairly represented the interests of the employees, and complied with the procedural requirements for approval. The Commission also needed to consider whether the agreement appropriately balanced the interests of both the teachers and the schools.

The Fair Work Commission examined the certification process and found that the agreement was properly certified by an accredited independent bargaining agent. The Commission concluded that the agreement fairly represented the interests of the employees, taking into account the views of the teachers and the schools. The Commission also determined that the agreement complied with the procedural requirements for approval. The balance between the interests of the teachers and the schools was deemed appropriate, with the agreement providing for fair wages and conditions while allowing for the schools' operational needs.

As a result, the Fair Work Commission approved the MACC Teachers Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Commission, and the parties were directed to comply with its terms. The decision marked a significant step in the negotiation process for independent schools and teachers in New South Wales, providing a framework for fair and balanced industrial relations in the sector.

The Association of Independent Schools of NSW Limited T/A Association of Independent Schools of NSW Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established