DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2018/1624)

ST VINCENT’S COLLEGE (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 30 JULY 2018

Application for approval of the St Vincent’s College (Support and Operational Staff) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s College (Support and Operational Staff) Enterprise Agreement 2018 (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 Ltd T/A AISNSW. The Agreement is a single 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 6 August 2018. 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, trading as AISNSW, applied to the Fair Work Commission for the approval of the St Vincent’s College (Support and Operational Staff) Enterprise Agreement 2018. The applicant, the employer, sought to have the agreement, which contained various terms and conditions for support and operational staff at the College, formally approved under the Fair Work Act 2009. The application was made to the Commission, which has the authority to approve, reject, or seek further information on enterprise agreements.

The legal issues before the Commission centred on whether the proposed agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement satisfied the "better off overall test" and whether it met the other legislative criteria, including those related to procedural fairness and compliance with the Act's public interest obligations. The Commission also had to assess if the agreement contained terms that were contrary to the Act or public policy.

After reviewing the application and relevant submissions, the Commission found that the proposed agreement met the statutory requirements. It was concluded that the agreement was in accordance with the Act and did not contravene any public policy. The Commission noted that the agreement included provisions that ensured the support and operational staff were better off overall, taking into account both financial and non-financial benefits. Consequently, the application for approval was successful, and the agreement was formally approved.

The Commission issued an order approving the St Vincent’s College (Support and Operational Staff) Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant staff for the duration specified within the agreement.

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