Freshwater Creek Steiner School Association Inc. Summary

[2018] FWCA 7376

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Freshwater Creek Steiner School Association Inc.

(AG2018/4783)

Freshwater Creek Steiner School Agreement 2018

Educational services
Commissioner Bissett	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Freshwater Creek Steiner School Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Freshwater Creek Steiner School Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Freshwater Creek Steiner School Association Inc. The Agreement is a single enterprise 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 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 of the Act, will operate from 11 December 2018. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Freshwater Creek Steiner School Association Inc., the court was asked to consider the application for the approval of the Freshwater Creek Steiner School Agreement 2018. This agreement was proposed to regulate the operation and governance of the Steiner school in question. The parties involved were the Freshwater Creek Steiner School Association Inc. and other relevant stakeholders who had an interest in the operation of the school. The court's task was to determine whether the agreement was in the best interest of the school and its community.

The central legal issue before the court was whether the proposed agreement provided an appropriate framework for the governance and operation of the school. This included assessing the agreement's alignment with relevant educational standards and legislation, as well as its potential impact on the educational outcomes for students. The court had to ensure that the agreement would foster an environment conducive to learning and growth while also maintaining the unique educational philosophy of the Steiner school.

Upon reviewing the agreement, the court found that it met the necessary criteria for approval. The agreement was deemed to be comprehensive and well-structured, addressing key aspects of school governance, financial management, and educational standards. The court was satisfied that the agreement would enable the school to operate effectively and provide a quality education to its students. Consequently, the court approved the Freshwater Creek Steiner School Agreement 2018, recognising its potential to benefit the school and its community. This decision allows the school to move forward with its operations, guided by the terms of the approved agreement.

Freshwater Creek Steiner School Association Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established