DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2017/6097)

INDEPENDENT CHRISTIAN SCHOOLS NSW TEACHERS MULTI-ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 16 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Independent Christian Schools NSW Teachers Multi-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 multi-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 23 March 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 T/A AISNSW applied to the Fair Work Commission for the approval of the Independent Christian Schools NSW Teachers Multi-Enterprise Agreement 2018. The dispute arose from the application, with the Australian Education Union contesting the approval of the agreement on behalf of its members. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely a multi-enterprise agreement, whether it complied with the relevant provisions of the Fair Work Act, and whether it would have a detrimental effect on the employees it covered. The Commission had to examine the terms of the agreement, the process by which it was negotiated, and the extent to which it adhered to the legislative framework governing such agreements. Additionally, the Commission considered whether the agreement provided fair and reasonable terms and conditions of employment for the teachers involved.

The Fair Work Commission found that the agreement was genuinely a multi-enterprise agreement and was properly negotiated. The Commission noted that the agreement provided for a fair and reasonable outcome for the employees, taking into account the specific needs and circumstances of the independent Christian schools sector. The Commission concluded that the agreement did not have a detrimental effect on the employees it covered and approved the Independent Christian Schools NSW Teachers Multi-Enterprise Agreement 2018. The decision was based on the findings that the agreement provided for fair and reasonable terms and conditions of employment, and that it was negotiated in good faith and in accordance with the requirements of the Fair Work Act.

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