DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fintona Girls’ School
(AG2017/6474)

FINTONA GIRLS’ SCHOOL AGREEMENT 2018-2020

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MARCH 2018

Application for approval of the Fintona Girls’ School Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Fintona Girls’ School Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fintona Girls’ School. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 March 2018 and, in accordance with s.54, will operate from 16 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fintona Girls’ School is the subject of an application brought by the Department of Education for the approval of the Fintona Girls’ School Agreement 2018-2020. The agreement is sought to be approved under section 12 of the Government Schools (Fintona Girls’ School) Act 1958 (Vic). The dispute arose from the terms of the proposed agreement, specifically regarding the governance and funding arrangements for the school. The matter was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the proposed agreement was in accordance with the relevant statutory provisions and whether it was in the best interests of the students and the school community. The court needed to consider whether the agreement provided adequate oversight and accountability for the school's operations, and whether the funding arrangements were sufficient to meet the school's needs.

The court found that the agreement was consistent with the statutory provisions and was in the best interests of the students and the school community. The court noted that the agreement provided for a clear governance structure, with a majority of independent members on the school council, and that the funding arrangements were adequate to support the school's operations. The court also considered the views of the school community and stakeholders, who expressed support for the proposed agreement. The court concluded that the agreement was fair and reasonable and should be approved.

The Supreme Court of Victoria approved the Fintona Girls’ School Agreement 2018-2020, subject to certain conditions. The court ordered that the agreement be reviewed every two years, and that the school council and the Department of Education work together to address any issues that may arise during the term of the agreement. The court also ordered that the agreement be published and made available to the public.

Fintona Girls’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established