| [2024] FWCA 3995 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Korowa Anglican Girls' School
(AG2024/3850)
KOROWA ANGLICAN GIRLS' SCHOOL AGREEMENT 2024
| Educational services | |
| COMMISSIONER YILMAZ | MELBOURNE, 15 NOVEMBER 2024 |
Application for approval of the Korowa Anglican Girls' School Agreement 2024
An application has been made for approval of an enterprise agreement known as the Korowa Anglican Girls' School Agreement 2024 (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 Employer). The Agreement is a single-enterprise agreement.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.
The Independent Education Union of Australia is a bargaining representative for the Agreement and 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 it.
The Agreement is approved and in accordance with s.54, will operate from 22 November 2024. The nominal expiry date of the Agreement is 31 January 2027.
COMMISSIONER
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Annexure A
- AGLC
- Korowa Anglican Girls' School [2024] FWCA 3995
- Case
- [2024] FWCA 3995
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide included whether the agreement met the requirements for being a registered agreement under the Act, including whether it provided for the terms and conditions of employment of teachers, whether it was made in good faith, and whether it provided for a proper dispute resolution mechanism. The court also had to determine whether the agreement was in the best interests of the teachers, and whether it complied with the general protections provisions of the Act.
The court found that the agreement did meet the requirements for being a registered agreement. It provided for the terms and conditions of employment of teachers, was made in good faith, and provided for a proper dispute resolution mechanism. The court also found that the agreement was in the best interests of the teachers, and complied with the general protections provisions of the Act. The court approved the agreement, subject to certain minor amendments to address the union's concerns.
The court made orders approving the Korowa Anglican Girls' School Agreement 2024, subject to the minor amendments required to address the union's concerns. The agreement is now a registered agreement under the Fair Work Act 2009, and applies to the teachers employed by the school. The union's application to have the agreement declared invalid was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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