[2010] FWAA 118
DECISION
Fair Work Act 2009
s.185—Approval of enterprise agreement
Association of Independent Schools NSW
(AG2009/22119)
INDEPENDENT SCHOOLS NSW (COMBINED NON TEACHING
STAFF ENTERPRISE AGREEMENT 2010-2011)
Educational services
COMMISSIONER RAFFAELLI
SYDNEY, 8 MARCH 2010
Application for approval of the Independent Schools NSW (Combined Non Teaching Staff
Enterprise Agreement 2010 - 2011.
[1]
An application has been made for approval of an enterprise agreement known as the
Independent Schools NSW (Combined Non Teaching Staff Enterprise Agreement 2010 - 2011
(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the
Act). It has been made by Association of Independent Schools NSW. The agreement is a
multi-enterprise agreement, the employer parties to which are set out in Attachment A to this
decision.
[2]
The Agreement was made during the bridging period1 as defined in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act),
accordingly, when considering whether to approve the Agreement I have taken into account
the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the
Transitional Act.
[3]
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are
relevant to this application for approval have been met.
[4]
The Independent Education Union of Australia, the Liquor, Hospitality and
Miscellaneous Union, the NSW Nurses Association and the Australian Nursing Federation NSW Branch, being bargaining representatives for the Agreement, have given notice under
s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of
the Act I note that the Agreement covers those organisations.
[5]
The information in Form F17, indicated that fewer than 21 days (s.181(2)) have passed
between the giving of a notice of representational rights (s.173(1)) and the employees being
asked to approve the Agreement (s.181(1)), in which case the Agreement can not be approved
1
Item 2, Part 1, of Schedule 2.
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[2010] FWAA 118
given the need for genuine agreement by employees (s.186(2)), and given that genuine
approval (s.188(a)(ii)) requires compliance with s.181(2) of the Act. The dates in Form F17
did not appear to be correct. As a result, I sought clarification of the dates contained in Form
F17. On the further advice provided by the Association of Independent Schools New South
Wales Limited on 26 February 2010, I am satisfied that there has been compliance with
s.181(2) of the Act.
[6]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from
15 March 2010. The nominal expiry date of the Agreement is 31 January 2011.
COMMISSIONER
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[2010] FWAA 118
ATTACHMENT A – Schools covered by this Agreement
Independent Schools NSW (Combined Non Teaching Staff) Enterprise Agreement 2010
– 2011
Enterprise Name
School Name
Al Sadiq College Incorporated
Al Sadiq College Primary Campus
Al Zahra College Ltd
Al Zahra College
Ananda Marga Pracaraka Samgha Pty Ltd
Vistara Primary School
Arden Anglican School Council
Arden Anglican School
Arkana College Ltd
Arkana College
Byron Community Primary School Inc
Byron Community Primary School
Cameragal Montessori School
Cameragal Montessori School
Campbelltown Anglican Schools Corporation
Broughton Anglican College
Campbelltown Anglican Schools Corporation
St Peter's Anglican Primary School
Castlecrag Montessori School Inc
Castlecrag Montessori School
Casuarina School Co-operative Ltd
Casuarina Steiner School
Central Coast Grammar School Ltd
Central Coast Grammar School
Co As It Italian Association of Assistance
Italian Bilingual School
Coogee Boys Preparatory School Pty Ltd
Coogee Boys Prep School
Cranbrook School
Cranbrook School
Eastern Suburbs Montessori Association Limited
Montessori East - Bondi
Elonera Ltd
Elonera Montessori School
Elouera Cootamundra Association Inc
Elouera Special School
Feza Foundation Limited
Sule College
Glenaeon Rudolf Steiner School Limited
Glenaeon Rudolf Steiner School
Highfield Preparatory and Kindergarten School Highfields Preparatory and Kindergarten
Ltd
School
Inner City Montessori
Inner Sydney Montessori Primary School
Kambala
Kambala
Loreto Kirribilli Association Incorporated
Loreto - Kirribilli
Lutheran Primary School Wagga Wagga Limited
Lutheran Primary School Wagga Wagga Ltd
Lycee Condorcet - The French School of Sydney
The French School of Sydney
Limited
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[2010] FWAA 118
Macquarie Anglican Grammar School, Dubbo
Macquarie Anglican Grammar School
Council
Manning River Centre for Rudolf Steiner
Manning River Steiner School
Education Ltd
Moama Anglican Grammar School Ltd
Moama Anglican Grammar School
Moriah War Memorial College Association
Moriah College
Limited
Mosman Church of England Preparatory School
Mosman Church of England Prep School
Limited
NEGS Limited
New England Girls School
Noor Al Houda Islamic College Pty. Ltd.
Australian International Academy, Sydney
Orange Anglican Grammar School Council
Orange Anglican Grammar School
Shearwater The Mullumbimby Steiner School
Shearwater Steiner School
Inc
Snowy Mountains Grammar School Limited
Snowy Mountains Grammar School
Southside Montessori Society
Southside Montessori School
St Catherine's School
St Catherine's School
St John’s Lutheran School Jindera Incorporated
St John's Lutheran School - Jindera
St Paul’s College Ltd
St Paul's College
St Paul’s Lutheran Primary School Henty
St Paul's Lutheran Primary School
Incorporated
Sutherland Shire Montessori Society
Sutherland Shire Montessori School
The Armidale Waldorf School Ltd
The Armidale Waldorf School
The Council of St Andrew's Cathedral School
St Andrew's Cathedral School
The Riverina Anglican College
The Riverina Anglican College
Trinity Anglican College (Albury) Ltd
Trinity Anglican College, Albury
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