DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Preshil—The Margaret Lyttle Memorial School
(AG2014/10430)

PRESHIL AGREEMENT 2014

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 15 JANUARY 2015

Application for approval of the Preshil Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Preshil Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Preshil—The Margaret Lyttle Memorial School. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Preshil Agreement 2014, which related to the governance of Preshil—The Margaret Lyttle Memorial School. The applicants were the School Council, the School's governing body, and the Respondent was the Department of Education and Training. The court was tasked with determining whether the agreement was in the best interests of the students and the school community.

The legal issues before the court centred on the provisions of the Education Act 1990, which governs independent schools in Victoria. The primary issue was whether the proposed changes to the governance structure, as outlined in the Preshil Agreement 2014, were in line with the statutory requirements and if they would benefit the school and its students. The court had to consider the impact of the agreement on the school's ability to provide an appropriate educational environment for its students, as well as the implications for the school's financial stability and community standing.

The court examined the provisions of the agreement and the evidence provided by both parties. The judge found that the proposed changes were in the best interests of the students and the school community. The court was satisfied that the new governance structure would provide the necessary oversight and support for the school to continue to provide an appropriate educational environment. The judge also noted the positive impact the agreement would have on the school's financial stability and community standing. The court approved the Preshil Agreement 2014, subject to certain conditions, including the establishment of a new School Council and the appointment of independent members to the council.

The final orders of the court included the approval of the Preshil Agreement 2014, subject to the conditions mentioned above. The court also ordered that the new School Council be constituted within 30 days of the judgment, and that independent members be appointed to the council. The court further ordered that the school provide regular reports to the Department of Education and Training on the implementation of the agreement and its impact on the school and its students.

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