DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2018/736)

INDEPENDENT CHRISTIAN SCHOOLS NSW TEACHERS ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2018

Application for approval of the Independent Christian Schools NSW Teachers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Independent Christian Schools NSW Teachers 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, the Association of Independent Schools of NSW Ltd, trading as AISNSW, applied to the Fair Work Commission (FWC) for approval of the Independent Christian Schools NSW Teachers Enterprise Agreement 2018. The application arose from the requirement under the Fair Work Act 2009 (Cth) for certain agreements to be approved by the FWC before they can be registered with the Australian Industrial Relations Commission (AIRC). The dispute centred on the terms of the agreement, specifically whether they met the statutory requirements for approval under the Fair Work Act.

The legal issues before the FWC included whether the agreement was in the public interest and whether it complied with the provisions of the Fair Work Act. The FWC had to assess the agreement's provisions, including the terms related to pay, conditions of employment, and dispute resolution mechanisms, to determine if they were fair and reasonable. Additionally, the FWC needed to consider whether the agreement would lead to improved productivity and efficiency in the workplace while maintaining fairness for all parties involved.

In its decision, the FWC found that the Independent Christian Schools NSW Teachers Enterprise Agreement 2018 met the statutory requirements for approval. The FWC determined that the agreement was in the public interest as it aimed to improve the working conditions of teachers while maintaining a fair and efficient employment relationship. The FWC also concluded that the agreement complied with the provisions of the Fair Work Act, including the requirement for a fair and reasonable agreement. The FWC approved the agreement, allowing it to be registered with the AIRC and implemented in the workplace.

The final orders of the FWC included the approval of the Independent Christian Schools NSW Teachers Enterprise Agreement 2018 and its registration with the AIRC. The FWC noted that the agreement would provide a framework for fair and reasonable employment terms for teachers within the independent Christian schools sector in New South Wales. The approval of the agreement was a significant step in ensuring that teachers in this sector received fair pay and conditions, while also promoting improved productivity and efficiency in the workplace.

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