DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2016/7111)

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

Educational services
COMMISSIONER JOHNS	MELBOURNE, 23 MARCH 2017

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

[1] On 18 November 2016, an application was made for approval of an enterprise agreement known as the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017. The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by The Association of Independent Schools of NSW Ltd T/A AISNSW (Applicant). The agreement is a multi-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 March 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Independent Schools of New South Wales Limited trading as AISNSW applied to the Fair Work Commission for approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017. The applicant sought an approval order under section 232 of the Fair Work Act 2009 to facilitate the agreement's implementation across various independent schools in New South Wales. The application was made on behalf of the applicant's members, who were employers within the independent schools sector.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, and if it provided for terms and conditions of employment that were fair and reasonable. The Commission had to consider if the agreement complied with the relevant provisions of the Act and if it was in the best interests of the employees, employers, and the broader community.

The Commission found that the agreement met the criteria for approval and contained terms and conditions of employment that were fair and reasonable. The Commission took into account the evidence presented by the parties, the overall economic climate, and the need to strike a balance between the interests of the employers, employees, and the broader community. The agreement provided for appropriate wage increases, reasonable working conditions, and addressed the specific needs of the independent schools sector. Consequently, the Commission approved the agreement and issued an order under section 232 of the Fair Work Act 2009, facilitating its implementation.

The final order granted the approval of the Independent Schools NSW (Support and Operational Staff) Multi-Enterprise Agreement 2017, enabling its implementation across the independent schools in New South Wales. This decision allowed the agreement to provide fair and reasonable terms and conditions of employment for the support and operational staff, ensuring a balanced approach to the interests of the employers, employees, and the broader community.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established