DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

The Association of Independent Schools of NSW Ltd T/A AISNSW
(AG2020/3927)

INDEPENDENT CHRISTIAN SCHOOLS NSW TEACHERS MULTI-ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 18 JANUARY 2021

Application for approval of the Independent Christian Schools NSW Teachers Multi-Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Independent Christian Schools NSW Teachers Multi-Enterprise Agreement 2021 (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 25 January 2021. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of The Association of Independent Schools of NSW Limited trading as AISNSW, the applicant sought approval of the Independent Christian Schools NSW Teachers Multi-Enterprise Agreement 2021. The Fair Work Commission (FWC) was the forum for this application. The dispute centred around whether the proposed agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was a "better off overall test" (BOOT) agreement and whether it complied with the FWC's minimum standards for industrial instruments.

The Commission examined whether the proposed agreement provided employees with terms and conditions that were at least as good as those provided under existing awards or agreements, and whether it met the prescribed minimum standards for minimum wage rates, penalty rates, and other entitlements. The Commission also considered if the agreement was likely to be registered and enforced, and if it adhered to the principles of the Fair Work Act. The applicant argued that the proposed agreement would provide a streamlined and simplified process for managing employment terms and conditions across multiple employers within the independent Christian schools sector.

The FWC found that the proposed agreement met the BOOT requirement and complied with the minimum standards prescribed under the Fair Work Act. The Commission was satisfied that the agreement provided employees with terms and conditions that were at least as good as those provided under existing awards or agreements. The Commission also found that the agreement was likely to be registered and enforced and adhered to the principles of the Fair Work Act. Consequently, the FWC approved the application and registered the Independent Christian Schools NSW Teachers Multi-Enterprise Agreement 2021. The approval ensures that the agreement will govern the employment terms and conditions of teachers in the independent Christian schools sector in New South Wales.

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