Canberra Rudolf Steiner School Association Incorporated T/A Orana Steiner School

[2013] FWCA 577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Rudolf Steiner School Association Incorporated T/A Orana Steiner School
(AG2012/12212)

CANBERRA RUDOLF STEINER SCHOOL ASSOCIATION INCORPORATED (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2012-2016

Educational services
COMMISSIONER ROBERTS	SYDNEY, 24 JANUARY 2013

Application for approval of the Canberra Rudolf Steiner School Association Incorporated (Support and Operational Staff) Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Rudolf Steiner School Association Incorporated (Support and Operational Staff) Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Canberra Rudolf Steiner School Association Incorporated T/A Orana Steiner School (the School). The agreement is a single-enterprise agreement.

[2] On 23 January 2013 undertakings were provided by the School’s Principal, Ms D Whitby, in relation to clause 13 (Redundancy) and clause 14 (Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the School. The undertakings are taken to be terms of the agreement and a copy is attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Independent Education Union of Australia NSW/ACT Branch, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2013. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Canberra Rudolf Steiner School Association Incorporated, trading as Orana Steiner School, which applied for approval of its Enterprise Agreement with its support and operational staff for the period 2012-2016. The application was heard by the Fair Work Commission (FWC), an independent statutory tribunal established under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any discriminatory provisions.

The Commission considered the provisions of the Fair Work Act, including section 235, which sets out the process for the approval of enterprise agreements, and section 228, which requires that agreements provide for fair and reasonable terms and conditions of employment. The Commission also examined the agreement in light of the Fair Work (Registered Organisations) Amendment Act 2013, which introduced new provisions relating to the approval of agreements by organisations with less than 100 employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and was not discriminatory, and approved the agreement.

The Fair Work Commission approved the Canberra Rudolf Steiner School Association Incorporated (Support and Operational Staff) Enterprise Agreement 2012-2016, finding that it met the requirements of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and was not discriminatory. The Commission also found that the agreement was consistent with the principles of the Fair Work Act, including the protection of vulnerable workers and the promotion of harmonious, productive and cooperative workplace relations. The Commission approved the agreement on 28 August 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established