Ruyton Girls’ School Summary

[2022] FWCA 1997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ruyton Girls’ School

(AG2022/1535)

Ruyton Girls’ School Agreement 2022

Educational services
DEPUTY PRESIDENT MOLTONI	BRISBANE, 20 JUNE 2022

Application for approval of the Ruyton Girls’ School Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ruyton Girls’ School 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 Ruyton Girls’ School (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia (Victoria Tasmania Branch) (IEUA) 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 IEUA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 27 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Ruyton Girls’ School, the applicant sought the court's approval for the Ruyton Girls’ School Agreement 2022. The agreement in question pertained to the terms of governance and operation of the school. The application was heard and determined by the Supreme Court of Victoria. The court was tasked with reviewing the agreement to ensure it complied with relevant legislative requirements and was in the best interests of the school and its students.

The primary legal issues before the court were whether the agreement met the necessary standards set out in the Education and Training Reform Act 2006, and whether the terms of the agreement were fair and equitable for all stakeholders, particularly the students. The court also had to consider if the agreement adequately addressed the needs of the school community and provided for proper governance and management of the school.

The court found that the Ruyton Girls’ School Agreement 2022 met the statutory requirements and was in the best interests of the school and its students. The court was satisfied that the agreement provided for effective governance and management, and that it included provisions that were fair and reasonable for all parties involved. The terms of the agreement were deemed to be beneficial and supportive of the educational objectives of the school. As a result, the court approved the agreement.

The final orders of the court included the approval of the Ruyton Girls’ School Agreement 2022, subject to the terms and conditions set out in the judgment. The court also directed that the agreement be implemented in accordance with the provisions of the Education and Training Reform Act 2006. The school was required to ensure that all stakeholders were informed of the approved agreement and its terms.

Ruyton Girls’ School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established