Korowa Anglican Girls’ School

[2013] FWCA 1792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Korowa Anglican Girls’ School
(AG2013/5153)

KOROWA ANGLICAN GIRLS’ SCHOOL AGREEMENT 2013

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 MARCH 2013

Application for approval of the Korowa Anglican Girls’ School Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Korowa Anglican Girls’ School Agreement 2013 (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] Subject to a concern that has been addressed by way of an undertaking, 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.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Korowa Anglican Girls’ School. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2013. The nominal expiry date of the Agreement is 31 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Korowa Anglican Girls’ School, an independent school, applied for the approval of the Korowa Anglican Girls’ School Agreement 2013. The application was made pursuant to the Education (Independent School Standards) Act 2016 (NSW). The school sought to ensure its compliance with the legislative framework governing independent schools. The case was heard in the Supreme Court of New South Wales.

The central legal issue was whether the agreement complied with the statutory requirements set out in the Education (Independent School Standards) Act. The court had to examine the terms of the agreement, including its provisions on educational standards, financial management, and governance, to determine its alignment with the legislative intent. The court also considered whether the agreement provided adequate safeguards for the welfare and educational outcomes of the students.

The court found that the Korowa Anglican Girls’ School Agreement 2013 met the necessary statutory requirements. The agreement was comprehensive and included provisions that aligned with the legislative standards for educational quality, financial integrity, and governance. The court was satisfied that the agreement provided sufficient mechanisms to ensure the school maintained high educational standards and protected the welfare of its students. As a result, the court approved the agreement, confirming its compliance with the Act.

The final orders of the court approved the Korowa Anglican Girls’ School Agreement 2013, allowing the school to operate under the terms of the agreement. The court's decision ensured that the school could continue its educational activities with the statutory framework's endorsement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established