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

[2017] FWCA 1513

[2017] FWCA 1513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2016/6902)

INDEPENDENT SCHOOLS NSW/ACT STANDARDS MODEL (TEACHERS) MULTI-ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 22 MARCH 2017

Application for approval of the Independent Schools NSW/ACT Standards Model (Teachers) Multi-Enterprise Agreement 2017.

[1] On 4 November 2016, an application was made for approval of an enterprise agreement known as the Independent Schools NSW/ACT Standards Model (Teachers) 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 agreement lodged contained typographical errors. On 15 March 2017, the Applicant filed an amended version of the agreement. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case the Commission received correspondence from the HSU indicating its acceptance of the undertakings.

[5] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 29 March 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

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Annexure A