DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2017/1059)

INDEPENDANT SCHOOLS NSW/ACT STANDARDS MODEL (TEACHERS) ST ALOYSIUS’ COLLEGE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 21 APRIL 2017

Application for approval of the Independent Schools NSW/ACT Standards Model (Teachers) St Aloysius’ College Enterprise Agreement 2018.

[1] On 30 March 2017, The Association of Independent Schools of NSW Ltd T/A AISNSW (Applicant) made an application for approval of the Independent Schools NSW/ACT Standards Model (Teachers) St Aloysius’ College 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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 April 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

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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 Schools NSW/ACT Standards Model (Teachers) St Aloysius’ College Enterprise Agreement 2018. The application was made by the employer, who sought to implement the agreement, which contained provisions regarding the employment terms and conditions of teachers at St Aloysius’ College. The dispute arose as the applicant sought to ensure that the agreement complied with the relevant industrial relations legislation.

The legal issues that the commission needed to decide included whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it complied with the procedural requirements for approval and whether it was in the interests of the employees. The commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it contained provisions that were necessary to facilitate the efficient operation of the school.

In making its decision, the commission considered the evidence and submissions presented by the parties, as well as relevant legal principles and precedents. The commission found that the agreement was procedurally valid and that it contained terms and conditions that were fair and reasonable. The commission also found that the agreement was in the interests of the employees, as it provided for a range of benefits, including salary increases, professional development opportunities, and improved working conditions. The commission approved the agreement, subject to certain modifications to ensure compliance with the relevant legislative requirements.

The commission made orders approving the agreement, subject to the modifications, and directed that the agreement be registered with the Fair Work Commission. The commission also ordered that the agreement would take effect from the date of registration, and that it would remain in force until the earlier of the expiry date specified in the agreement or the date of a new agreement being approved by the commission. The commission emphasised the importance of ensuring that industrial relations processes were followed and that agreements were fair and reasonable, and that it would continue to monitor the implementation of the agreement to ensure compliance with the relevant legislative requirements.

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