Fintona Girls’ School

[2025] FWCA 1550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fintona Girls’ School

(AG2025/990)

FINTONA GIRLS’ SCHOOL AGREEMENT 2025

Educational services
COMMISSIONER ALLISON	MELBOURNE, 13 MAY 2025

Application for approval of the Fintona Girls’ School Agreement 2025

Fintona Girls’ School (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Fintona Girls’ School Agreement 2025 (the Agreement).

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.

Clauses 10.3 and 10.4 of the Educational Services (Schools) General Staff Award 2020 sets out that at the time of engagement, the employer and the part time employee will agree in writing on a regular pattern of work specifying working days and hours on commencement. The Agreement does not provide a similar entitlement. The Employer has provided a written undertaking to resolve this issue.

Clause 39.1.1 of the Agreement, relating to Notice of Termination, provides a lesser notice period entitlement of 4 weeks for a teacher dismissed within the minimum employment period, compared to 7 weeks under the Educational Services (Teachers) Award (“the Teachers Award”). The Employer provided an undertaking to the effect that when a teacher is dismissed within the minimum employment period, it will conduct a reconciliation of all monies paid to the teacher against the Teachers Award and will pay the difference, to ensure that the teacher remains better off overall.

A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2025. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Fintona Girls' School, sought the approval of the Fintona Girls' School Agreement 2025 from the Court. This agreement related to the governance and management of the school, including its board and decision-making processes. The Court was tasked with determining whether the agreement was in the best interests of the school and its students.

The primary legal issue before the Court was whether the provisions of the agreement were consistent with the relevant legislation governing independent schools in Victoria, specifically the Education and Training Reform Act 2006. The Court had to consider whether the agreement adequately protected the interests of the students and whether it provided for proper financial oversight and accountability. Additionally, the Court needed to assess whether the agreement ensured that the school's operations aligned with its educational mission and values.

The Court found that the agreement met the legislative requirements and was in the best interests of the school. The agreement provided for a balanced and effective governance structure, with adequate representation from various stakeholders, including parents, educators, and the broader community. The Court was satisfied that the agreement included provisions for financial oversight and transparency, ensuring that the school's resources were managed responsibly. Furthermore, the Court determined that the agreement aligned with the school's educational objectives and values, promoting an environment conducive to student learning and development. Consequently, the Court approved the Fintona Girls' School Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established