Noosa Pengari Steiner School Association Summary

[2023] FWCA 2976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Noosa Pengari Steiner School Association

(AG2023/2700)

NOOSA PENGARI STEINER SCHOOL COLLECTIVE ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER DURHAM	BRISBANE, 14 SEPTEMBER 2023

Application for approval of the Noosa Pengari Steiner School Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Noosa Pengari Steiner School Collective Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Noosa Pengari Steiner School Association (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia – Queensland and Northern Territory Branch (IEUQNT) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEUQNT.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Noosa Pengari Steiner School Association to gain approval for the Noosa Pengari Steiner School Collective Enterprise Agreement 2022. The application was heard in the Fair Work Commission. The association sought approval for the agreement, which was negotiated with the teachers' union and intended to govern employment conditions for teachers at the Steiner school.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included whether the agreement complied with the "better off overall test" and whether it contained provisions that were contrary to public policy or not in the best interests of the employees. Additionally, the Commission had to consider whether the agreement adequately covered all mandatory terms and conditions of employment as required by the Act.

The Commission found that the agreement met the statutory requirements for approval. It was satisfied that the agreement was fair and balanced, and that it was likely to be better off overall for the employees. The Commission noted that the agreement contained provisions that were necessary to accommodate the unique nature of the Steiner school's educational philosophy and teaching methods. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or not in the best interests of the employees. The agreement was approved, and it will now govern the employment conditions for teachers at the Noosa Pengari Steiner School.

Noosa Pengari Steiner School Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established