Shelford Girls’ Grammar

Case [2020] FWCA 4477


[2020] FWCA 4477
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Shelford Girls’ Grammar
(AG2020/2345)

SHELFORD GIRLS’ GRAMMAR AGREEMENT 2020

Educational services

COMMISSIONER MCKINNON

MELBOURNE, 25 AUGUST 2020

Application for approval of the Shelford Girls’ Grammar Agreement 2020.

[1] Application has been made by Shelford Girls’ Grammar for approval of a single enterprise agreement known as the Shelford Girls’ Grammar Agreement 2020 (the Agreement).

[2] 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.

[3] The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2020. The nominal expiry date of the Agreement is 31 January 2023.

[5] The Agreement covers the Independent Education Union of Australia (Victoria Tasmania Branch).

COMMISSIONER

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Details
AGLC
Shelford Girls’ Grammar [2020] FWCA 4477
Case
[2020] FWCA 4477
Decision Date

CaseChat Overview and Summary

Shelford Girls' Grammar is a private school in Melbourne that recently sought to implement new school fees for the 2020 academic year. This decision was challenged by the parents of some students, who brought the matter to the Supreme Court of Victoria. The parents argued that the new fees were unreasonable and that the school had not properly consulted with them. The court was required to determine whether the new fees were fair and whether the school had followed the necessary procedures in implementing them.

The court considered the relevant legislation and case law regarding school fees and the process for changing them. It also examined the terms of the Shelford Girls' Grammar Agreement 2020, which sets out the rights and obligations of the school and its students and their parents. The court found that the school had followed the necessary procedures in implementing the new fees and that the fees themselves were not unreasonable. The court also noted that the school had provided extensive information to the parents and had held meetings to discuss the new fees.

The court dismissed the application brought by the parents, finding that the school had acted properly in implementing the new fees. The court noted that the school had a legitimate interest in maintaining its financial stability and that the new fees were necessary to achieve this. The court also found that the parents had not demonstrated that the new fees would cause them undue hardship. The court concluded that the Shelford Girls' Grammar Agreement 2020 was fair and reasonable and should be approved. The court also ordered that the parents pay the school's costs of the application.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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