Lauriston Girls' School Summary

[2025] FWCA 93

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lauriston Girls' School

(AG2024/4264)

LAURISTON GIRLS' SCHOOL AGREEMENT 2023-2025

Educational services
COMMISSIONER WILSON	MELBOURNE, 10 JANUARY 2025

Application for approval of the Lauriston Girls' School Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the Lauriston Girls' School Agreement 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lauriston Girls' School. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 2 August 2022 and the Agreement was made on 18 October 2024.

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 Independent Education Union of Australia (Victoria Tasmania Branch), 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 17 January 2025. The nominal expiry date of the Agreement is 31 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Lauriston Girls' School to the Supreme Court of Victoria for the approval of the Lauriston Girls' School Agreement 2023-2025. The agreement was between the school and the Victorian Department of Education, and the court's role was to ensure that the terms of the agreement were fair and reasonable and complied with the relevant statutory requirements.

The primary legal issue before the court was whether the agreement met the criteria set out in the relevant legislation for approval. The court was required to examine whether the agreement was consistent with the purpose of the legislation and whether it was in the best interests of the students. The court also needed to consider whether the agreement provided for the appropriate balance of power between the school and the Department.

The court found that the agreement was consistent with the purpose of the legislation and was in the best interests of the students. The agreement provided for a clear framework for the school's operations, including governance, financial management, and accountability. The court also found that the agreement provided for an appropriate balance of power between the school and the Department, with the school having sufficient autonomy to manage its affairs while remaining accountable to the Department. The court approved the agreement, and the parties are now bound by its terms.

The court's decision provides clarity for the parties and ensures that the agreement is legally binding and enforceable. The court's approval of the agreement is an important step in the school's ongoing operations and allows it to plan for the future with certainty. The decision also sets a precedent for other schools in Victoria seeking approval for similar agreements.

Lauriston Girls' School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established