DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Limited
(AG2015/5683)

LORETO NORMANHURST (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2015-2017

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 22 OCTOBER 2015

Application for approval of the Loreto Normanhurst (Support and Operational Staff) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Loreto Normanhurst (Support and Operational Staff) 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 Limited. The Agreement is a single-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 29 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of NSW Limited recently came before the Fair Work Commission, with the Loreto Normanhurst School seeking approval of its enterprise agreement for support and operational staff for the years 2015-2017. The application was made under the Fair Work Act 2009, with the Commission required to consider whether the agreement met the criteria for direct registration, including the provision of fair and reasonable terms and conditions. The application was contested by the Independent Education Union of Australia, which argued that the proposed agreement did not adequately protect the rights and interests of the employees.

The key legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions, and whether the process by which the agreement was negotiated was fair and in good faith. The Commission also had to consider whether the agreement complied with the relevant minimum standards set out in the applicable award. The dispute centred on a number of specific provisions of the agreement, including those relating to wages, hours of work, and redundancy entitlements.

In delivering its decision, the Commission found that the proposed agreement did meet the criteria for direct registration. The Commission noted that the agreement provided for a number of benefits for employees, including increased wages and improved leave entitlements. The Commission also found that the negotiation process was conducted in good faith, and that the agreement complied with the relevant minimum standards. The Commission rejected the arguments put forward by the Independent Education Union of Australia, finding that the proposed agreement provided for fair and reasonable terms and conditions for the employees. The Commission approved the Loreto Normanhurst (Support and Operational Staff) Enterprise Agreement 2015-2017, and it is now registered with the Fair Work Commission.

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