DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Association of Independent Schools of NSW Ltd
(AG2017/3799)

STELLA MARIS COLLEGE (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	CANBERRA, 25 OCTOBER 2017

Application for approval of the Stella Maris College (Support and Operational Staff) Enterprise Agreement 2017.

[1] On 28 August 2017 The Association of Independent Schools of NSW Ltd (Applicant) made an application for approval of the Stella Maris College (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 Applicant 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.

[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 1 November 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 matter of The Association of Independent Schools of NSW Ltd, the applicant sought approval of the Stella Maris College (Support and Operational Staff) Enterprise Agreement 2017. The dispute arose when the applicant, representing the interests of the college's support and operational staff, applied for the agreement to be certified as a registered agreement under the Fair Work Act 2009. The case was heard in the Fair Work Commission, an Australian independent statutory body with jurisdiction to determine disputes and make decisions in relation to the application of the Fair Work Act.

The legal issues that the Commission was required to address centred on whether the agreement met the criteria for approval as a registered agreement. The key criteria included whether the agreement was made in good faith and whether it contained the minimum terms and conditions of employment as required by the Fair Work Act. The Commission also needed to determine if the agreement complied with the relevant provisions of the Act, including provisions relating to the process for making the agreement and the terms and conditions it contained.

The Commission found that the agreement was made in good faith and met the requirements for approval under the Fair Work Act. The Commission noted that the agreement contained all the minimum terms and conditions of employment as required by the Act and that the process for making the agreement was in accordance with the relevant provisions of the Act. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that would have the effect of undermining the operation of the Act. As a result, the Commission approved the agreement as a registered agreement.

The Commission's decision was a significant victory for the applicant and the support and operational staff of Stella Maris College. The approval of the agreement means that the terms and conditions of employment for these staff members are now legally binding and protected under the Fair Work Act. The decision also provides important guidance for other employers and employees in the independent school sector on the process for making and approving enterprise agreements.

The Association of Independent Schools of NSW Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established