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
(AG2020/2071)

INDEPENDENT CHRISTIAN SCHOOLS NSW (SUPPORT AND OPERATIONAL STAFF) MULTI-ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 1 SEPTEMBER 2020

Application for approval of the Independent Christian Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2019.

[1] An application has been made for approval of a multi-enterprise agreement known as the INDEPENDENT CHRISTIAN SCHOOLS NSW (SUPPORT AND OPERATIONAL STAFF) MULTI-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 multi-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 8 September 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of NSW Limited, trading as the Association of Independent Schools of NSW Ltd, sought approval of the Independent Christian Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2019. The application was heard in the Fair Work Commission, with Deputy President D'Abbs presiding. The dispute centred on whether the proposed agreement was in the interests of the employees and if it complied with the necessary statutory requirements.

The legal issues involved assessing whether the agreement provided fair and reasonable terms for the employees, and if it met the requirements under the Fair Work Act 2009, including provisions for employee representation and minimum entitlements. The court had to determine if the agreement was sufficiently detailed, included appropriate dispute resolution processes, and was consistent with the principles of good faith bargaining.

Deputy President D'Abbs concluded that the proposed agreement was fair and reasonable, as it provided employees with a range of benefits and protections, and complied with the statutory requirements. The court found that the agreement was detailed enough to be meaningful and provided an appropriate framework for resolving disputes. The Deputy President approved the agreement, stating that it was in the interests of the employees and met the necessary legal standards.

The final order was that the Independent Christian Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2019 be approved as a registered agreement under section 234 of the Fair Work Act 2009.

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