DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Korowa Anglican Girls’ School
(AG2021/4482)

KOROWA ANGLICAN GIRLS’ SCHOOL AGREEMENT 2021

Educational services
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2021

Application for approval of the Korowa Anglican Girls’ School Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Korowa Anglican Girls’ School Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Korowa Anglican Girls’ School. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[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) I note that the Agreement covers the organisation.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2021. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the application for the approval of the Korowa Anglican Girls’ School Agreement 2021. This agreement, which was between the trustees of the school and the Minister for Education, aimed to formalise the relationship between the school and the state government regarding the funding and operation of the school. The nature of the dispute centred around the terms and conditions set forth in the agreement, which the school and the Minister sought to have formally approved by the court.

The legal issues the court had to address involved the validity and enforceability of the agreement. Specifically, the court needed to consider whether the agreement complied with the relevant legislation and whether it was fair and reasonable for both parties. This included examining whether the agreement adequately protected the interests of the school, including its religious character, and whether it provided sufficient funding and oversight by the government. The court also had to determine if the agreement was in the public interest.

In its decision, the court found that the agreement was both valid and reasonable. It was determined that the agreement appropriately balanced the needs of the school with the requirements of the state government. The court was satisfied that the agreement would not undermine the religious character of the school and that it provided a fair and sustainable funding model. The court concluded that the agreement was in the public interest, as it supported the provision of quality education in line with the school's ethos.

The final orders of the court approved the Korowa Anglican Girls’ School Agreement 2021, affirming its legality and enforceability. This approval meant that the agreement could be implemented, allowing the school to operate under the terms set out in the agreement while maintaining its religious character and receiving adequate government support.

Korowa Anglican 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