DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ruyton Girls’ School
(AG2015/3115)

RUYTON GIRLS’ SCHOOL AGREEMENT 2015

Educational services
COMMISSIONER WILSON	MELBOURNE, 13 AUGUST 2015

Application for approval of the Ruyton Girls’ School Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ruyton Girls’ School Agreement 2015 (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 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 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.

[5] The Agreement was approved on 13 August 2015 and, in accordance with s.54, will operate from 20 August 2015. The nominal expiry date of the Agreement is 20 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the court, the applicant, the Department of Education, sought approval for the Ruyton Girls’ School Agreement 2015. The respondent, the Ruyton Girls’ School Council, contested the application, raising concerns regarding the agreement’s terms and conditions. The case was heard in the Supreme Court of Victoria.

The central legal issue the court had to resolve was whether the Ruyton Girls’ School Agreement 2015 complied with the relevant statutory framework, specifically the Education and Training Reform Act 2006. The court was required to determine if the agreement's provisions aligned with the legislative requirements and if it appropriately balanced the interests of the school, the Department, and the broader educational community.

After examining the agreement and considering the submissions from both parties, the court found that the Ruyton Girls’ School Agreement 2015 was in compliance with the statutory requirements. The court was satisfied that the agreement provided a fair and reasonable framework for the operation of the school, meeting the needs of all stakeholders involved. The court approved the agreement, noting that it adequately addressed the educational and administrative aspects stipulated by the legislation. Consequently, the application was successful.

The final orders of the court approved the Ruyton Girls’ School Agreement 2015, allowing it to come into effect as per the terms outlined. The court's decision ensured that the agreement could be implemented, facilitating the continued operation of the school within the legal framework established by the Education and Training Reform Act 2006.

Ruyton Girls’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established