DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2016/6903)

INDEPENDENT SCHOOLS NSW TEACHERS (HYBRID MODEL) MULTI-ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 23 MARCH 2017

Application for approval of the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017.

[1] On 4 November 2016, an application was made for approval of an enterprise agreement known as the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017. The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by The Association of Independent Schools of NSW Ltd T/A AISNSW (Applicant). The agreement is a multi-enterprise agreement.

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

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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 Commission received correspondence from the HSU indicating 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 and, in accordance with s.54, will operate from 30 March 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

The Association of Independent Schools of NSW Ltd, trading as AISNSW, applied for the approval of the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017. The application was brought before the Fair Work Commission. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it appropriately addressed the terms and conditions of employment for teachers within the independent schools sector.

The primary legal issues before the Commission involved whether the agreement complied with the formal requirements for multi-enterprise agreements, and whether it provided for minimum terms and conditions of employment as stipulated by the Act. Additionally, the Commission needed to assess if the agreement met the standards of procedural fairness and if it was in the best interests of the employees it sought to cover.

The Fair Work Commission determined that the proposed agreement fulfilled the formal requirements under the Fair Work Act. The Commission found that the agreement was procedurally fair, as it had been developed through proper consultation processes and the parties involved had an opportunity to express their views. The agreement was also found to meet the standards for minimum terms and conditions of employment, ensuring that it provided for fair and reasonable terms for the teachers involved. Consequently, the Commission approved the agreement, recognising its benefits in terms of providing a fair framework for employment conditions within the independent schools sector.

The Fair Work Commission approved the Independent Schools NSW Teachers (Hybrid Model) Multi-Enterprise Agreement 2017, effective from the date of the decision. The Commission's approval ensures that the agreement will apply to the relevant employees, providing a legally binding framework for their employment terms and conditions.

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