DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2017/1930)

ST ALOYSIUS’ COLLEGE MILSONS POINT (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 19 JULY 2017

Application for approval of the St Aloysius’ College Milsons Point (Support and Operational Staff) Enterprise Agreement 2017.

[1] On 30 May 2017 The Association of Independent Schools of NSW Ltd T/A AISNSW (Applicant) made an application for approval of the St Aloysius’ College Milsons Point (Support and Operational Staff) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The employer has provided written undertakings. A copy of the undertakings is attached as 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 Independent Education Union of Australia has indicated its acceptance of the undertakings.

[4] 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.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 July 2017. 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 the recent decision of The Association of Independent Schools of NSW Ltd T/A AISNSW, the Fair Work Commission was tasked with determining whether to approve the St Aloysius’ College Milsons Point (Support and Operational Staff) Enterprise Agreement 2017. The dispute arose from the application by the Association for the approval of the enterprise agreement which was intended to regulate the employment conditions of support and operational staff at the college.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement met the "better off overall test" (BOOT) and whether it included minimum entitlements as mandated by the Act. The Association argued that the agreement was fair and reasonable, while the respondents contended that it fell short of ensuring the employees were better off overall.

The Commission, in its reasoning, assessed the BOOT by comparing the terms of the proposed agreement against the applicable award provisions. The analysis included an evaluation of the wage rates, penalty rates, leave entitlements, and other conditions outlined in the agreement. The Commission concluded that the agreement did indeed meet the BOOT as it provided employees with improved conditions compared to the relevant award. Furthermore, the agreement was found to encompass all minimum entitlements required by the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

As a result of the decision, the Fair Work Commission granted approval for the St Aloysius’ College Milsons Point (Support and Operational Staff) Enterprise Agreement 2017 to proceed. This decision ensures that the terms of the agreement will govern the employment conditions of the relevant staff at the college, effective from the date of approval.

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