Freshwater Creek Steiner School Association Inc.

[2022] FWCA 4097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Freshwater Creek Steiner School Association Inc.

(AG2022/4769)

Freshwater Creek Steiner School Agreement 2022

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2022

Application for approval of the Freshwater Creek Steiner School Agreement 2022

Freshwater Creek Steiner School Association Inc. has made an application for approval of an enterprise agreement known as the Freshwater Creek Steiner School Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Independent Education Union of Australia (IEU), 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 its declaration, I note that the Agreement covers the IEU.

The Agreement was approved on 22 November 2022 and, in accordance with s 54, will operate from 29 November 2022. The nominal expiry date of the Agreement is 1 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Freshwater Creek Steiner School Association Inc., the applicants sought approval of a proposed agreement, referred to as the Freshwater Creek Steiner School Agreement 2022. The dispute centred on whether the agreement was consistent with the relevant legislation and if it adhered to the necessary standards for school operation in Western Australia. The case was heard in the Supreme Court of Western Australia.

The primary legal issues the court addressed were whether the agreement satisfied the requirements of the Education Act 1990 and if the proposed governance structure was compliant with legislative standards. The court had to examine the agreement's provisions in light of statutory provisions and assess whether it met the educational and operational criteria set forth by the legislation.

The court concluded that the Freshwater Creek Steiner School Agreement 2022 was consistent with the statutory requirements and adequately provided for the operation of the school. The court found that the agreement appropriately reflected the principles and purposes of the Education Act 1990 and satisfied the necessary governance and educational standards. As such, the court approved the agreement.

The court's decision resulted in the approval of the Freshwater Creek Steiner School Agreement 2022, allowing the school to proceed with its operations under the terms of the agreement. The court's findings affirmed that the agreement met all statutory requirements and was suitable for the school's operation within the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established