Mount Barker Waldorf School A School For Rudolf Steiner Education Incorporated T/A Mount Barker Waldorf School Summary

[2024] FWCA 3286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mount Barker Waldorf School A School For Rudolf Steiner Education Incorporated T/A Mount Barker Waldorf School

(AG2024/3152)

MOUNT BARKER WALDORF SCHOOL ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER TRAN	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Mount Barker Waldorf School Enterprise Agreement 2024

Mount Barker Waldorf School A School for Rudolf Steiner Education Incorporated T/A Mount Barker Waldorf School has applied for approval of an enterprise agreement known as Mount Barker Waldorf School Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

It appears that the Employer issued an earlier version of the Notice and therefore did not comply with s 174(1A). Aside from use of the earlier version of the Notice, there were no substantive differences. I have previously detailed the differences between the pre-6 June 2023 and post-6 June 2023 Notice in Application by AJS Electrical Contracting Pty Ltd T/A AJS Electrical Contracting [2023] FWC 3343 at [34]. I consider the use of the earlier Notice is a minor technical error.

I am satisfied with the Employer’s responses to my concerns regarding the use of the earlier Notice and I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

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.

I note that Clause 9.10 is inconsistent with the National Employment Standards as the clause excludes casual employees from an entitlement to family and domestic violence leave. Given the National Employment Standards precedence clause at Clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Subject to the undertakings and other matters 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.

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 24 September 2024.

In accordance with Clause 3.2, the nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Mount Barker Waldorf School, a school operating under the principles of Rudolf Steiner education, sought approval for its 2024 Enterprise Agreement from the Fair Work Commission. The application was made in response to the school's need to formalise the terms and conditions of employment for its staff, ensuring alignment with the relevant industrial instruments and legal standards. The nature of the dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the broader requirements of Australian labour law.

The legal issues before the court involved verifying whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. This included examining if the agreement provided for fair and reasonable terms and conditions, if it had been genuinely negotiated, and if it contained all the mandatory terms required by the Act. Additionally, the court considered whether the agreement adequately protected the rights and interests of the employees, particularly in light of the unique educational philosophy and operational practices of the Waldorf School.

In delivering its decision, the court carefully reviewed the provisions of the proposed agreement, assessing them against the statutory benchmarks set out in the Fair Work Act. The court found that the agreement provided for fair and reasonable terms, and that it had been genuinely negotiated. It also determined that the agreement contained all the mandatory terms required by the Act. The court was satisfied that the agreement adequately protected the rights and interests of the employees and was consistent with the school's unique operational context. Consequently, the court approved the application for the agreement.

The Fair Work Commission approved the Mount Barker Waldorf School Enterprise Agreement 2024, recognising its compliance with the Fair Work Act and its appropriateness for the school's unique educational environment. The decision confirmed the agreement's validity, allowing the school to implement the terms and conditions outlined within it.

Mount Barker Waldorf School A School For Rudolf Steiner Education Incorporated T/A Mount Barker Waldorf School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established