Dara Village Incorporated T/A Dara School

[2025] FWCA 738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dara Village Incorporated T/A Dara School

(AG2025/364)

DARA SCHOOL ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Dara School Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Dara School Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dara Village Incorporated T/A Dara School. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 4 March 2025. The nominal expiry date of the Agreement is 25 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Dara Village Incorporated trading as Dara School, sought approval of the Dara School Enterprise Agreement 2024 from the Fair Work Commission. The agreement was to apply to the employees of the school who are part of the Education and Training Union. The primary dispute centred around the terms and conditions of employment, including wages, hours of work, leave provisions, and other employment-related matters. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court needed to decide whether the agreement provided for fair and reasonable terms and conditions of employment. This involved assessing if the agreement was genuinely negotiated, if it provided for a safety net of minimum entitlements, and if it adhered to the good faith bargaining principles. The court also had to consider the impact of the agreement on the employees and whether it would promote harmonious, productive, and cooperative workplace relations.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the Dara School Enterprise Agreement 2024 met the legislative requirements for approval. The agreement was deemed to be genuinely negotiated, provided for a safety net of minimum entitlements, and adhered to the principles of good faith bargaining. The court also concluded that the agreement would promote harmonious, productive, and cooperative workplace relations. As a result, the Fair Work Commission approved the agreement.

The final orders of the Fair Work Commission included the approval of the Dara School Enterprise Agreement 2024, which would apply to the employees of the school who are members of the Education and Training Union. The agreement was to take effect from the date of the decision and would remain in force until it was terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established