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[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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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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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 Ltd

Highfields Preparatory and Kindergarten 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 Limited The French School of Sydney

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Macquarie Anglican Grammar School, Dubbo Council Macquarie Anglican Grammar School

Manning River Centre for Rudolf Steiner Education Ltd Manning River Steiner School

Moama Anglican Grammar School Ltd Moama Anglican Grammar School

Moriah War Memorial College Association Limited Moriah College

Mosman Church of England Preparatory School Limited Mosman Church of England Prep School

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 Inc Shearwater Steiner School

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 Incorporated St Paul's Lutheran Primary School

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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