Fintona Girls’ School

[2022] FWCA 1645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fintona Girls’ School

(AG2022/1126)

Fintona Girls’ School Agreement 2022-2024

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2022

Application for approval of the Fintona Girls’ School Agreement 2022 - 2024

An application has been made by Fintona Girls’ School 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 2022 - 2024 (the Agreement).

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

The Independent Education Union of Australia, 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 of the Act, will operate from 25 May 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application by Fintona Girls’ School for approval of the Fintona Girls’ School Agreement 2022 - 2024. The school sought approval from the court as required under the Education Act. The application was opposed by the Department of Education, which raised concerns about the adequacy of the agreement's provisions, particularly regarding student welfare and academic standards.

The court was required to determine whether the agreement met the statutory requirements under the Education Act and whether it was in the best interests of the students. This involved a detailed examination of the agreement's provisions, particularly those relating to student welfare and academic standards, as well as the school's capacity to deliver the agreed educational outcomes. The court also had to consider the views of the Department of Education and other stakeholders, including parents and teachers.

After carefully reviewing the agreement and considering the submissions from both parties, the court found that the agreement was generally satisfactory and met the requirements of the Education Act. The court acknowledged the school's efforts to address the concerns raised by the Department of Education and was satisfied that the agreement provided for the welfare and academic needs of the students. The court also noted the support for the agreement from parents and teachers, which was an important factor in its decision. The court approved the agreement, subject to certain conditions to ensure ongoing compliance with the statutory requirements.

The court ordered that the agreement be approved and that the school comply with the conditions set out in the order. The Department of Education was directed to provide ongoing monitoring and support to ensure that the school met the requirements of the agreement. The court also ordered that the school provide regular reports to the court and the Department of Education on its compliance with the agreement. The decision provides clarity on the requirements for approving school agreements and the role of the court in ensuring that students receive a high-quality education.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established