DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2016/7734)

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

Educational services
COMMISSIONER JOHNS	MELBOURNE, 23 MARCH 2017

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

[1] On 15 December 2016, an application was made for approval of an enterprise agreement known as the Independent Schools ACT (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 NSW Ltd T/A AISNSW sought approval of the Independent Schools ACT (Support and Operational Staff) Multi-Enterprise Agreement 2017. The application was brought before the Fair Work Commission. The application concerned the terms and conditions of employment for support and operational staff employed by independent schools in the Australian Capital Territory. The legal issues before the Commission included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for minimum terms and conditions, and whether it was likely to achieve a better outcome for the employees, employers, and the community.

The Commission found that the proposed agreement was likely to achieve a better outcome for the employees, employers, and the community. It concluded that the agreement provided for fair and reasonable minimum terms and conditions for support and operational staff, and that it was in the best interests of the employees, employers, and the community. The Commission noted that the agreement provided for fair wages and conditions, including provisions for leave, overtime, and penalty rates. It also noted that the agreement provided for a process for resolving disputes, which was likely to promote industrial peace and avoid unnecessary industrial action.

The Fair Work Commission approved the Independent Schools ACT (Support and Operational Staff) Multi-Enterprise Agreement 2017, subject to certain conditions. The Commission made orders approving the agreement, effective from 1 July 2017. The orders included provisions for the agreement to be registered with the Australian Industrial Relations Commission and for the agreement to be published on the Fair Work Commission’s website. The Commission also made orders providing for the agreement to be reviewed after three years, and for the agreement to be subject to certain amendments and variations.

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