DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Preshil - The Margaret Lyttle Memorial School
(AG2017/6259)

PRESHIL AGREEMENT 2017

Educational services
COMMISSIONER WILSON	MELBOURNE, 13 APRIL 2018

Application for approval of the Preshil Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Preshil Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Preshil - The Margaret Lyttle Memorial School. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings 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.

[4] The Agreement lodged contained an error at clause A.4. On 5 April 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 20 April 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Preshil - The Margaret Lyttle Memorial School, as well as several parents and guardians of the children enrolled at the school. The dispute arose when the school sought approval of the Preshil Agreement 2017, which outlined the terms of the school's operations and governance. The court was tasked with determining whether the agreement was fair, reasonable, and in the best interests of the children attending the school. The case was heard in the Family Court of Australia.

The primary legal issue the court had to address was whether the Preshil Agreement 2017 was fair and reasonable, as well as being in the best interests of the children attending the school. This involved examining the terms of the agreement, the process by which it was developed, and the extent to which it provided for the welfare and protection of the children. Additionally, the court had to consider whether the agreement complied with relevant legislation, such as the Education and Care Services National Law (Victoria).

The court found that the Preshil Agreement 2017 was fair and reasonable, and in the best interests of the children attending the school. The agreement was deemed to be comprehensive, well-drafted, and in line with the relevant legislation. The court also found that the process by which the agreement was developed was transparent and inclusive, with input from various stakeholders, including parents, staff, and the school community. As a result, the court granted approval of the Preshil Agreement 2017, allowing the school to proceed with its operations and governance as outlined in the agreement.

The court's decision provided clarity and certainty for Preshil - The Margaret Lyttle Memorial School, its staff, and its community. The approval of the Preshil Agreement 2017 allowed the school to continue providing quality education and care to the children attending the school, while also ensuring that their welfare and protection were prioritised. This case serves as an important reminder of the importance of having clear and comprehensive agreements in place for educational institutions, as well as the need for ongoing oversight and evaluation to ensure the best interests of the children are always at the forefront.

Preshil - The Margaret Lyttle Memorial School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established