[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 , 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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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 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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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 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 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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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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