DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Margaret's School
(AG2019/2928)

ST MARGARET'S SCHOOL AGREEMENT 2019

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the St Margaret's School Agreement 2019

[1] St Margaret’s School has made an application for approval of an enterprise agreement known as the St Margaret’s School Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 September 2019 and, in accordance with s 54, will operate from 11 September 2019. The nominal expiry date of the Agreement is 4 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505129 PR712002>
Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the St Margaret's School Agreement 2019. The applicants were the Catholic Education Commission of New South Wales and the Catholic Education Office of New South Wales. The respondent was the Minister for Education, who was represented by the Attorney-General for New South Wales. The dispute centred around the approval of a new agreement that outlined the terms and conditions for the operation of St Margaret's School. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue that the court had to address was whether the proposed agreement was consistent with the relevant legislative framework, specifically the Education Act 1990 (NSW). The court also needed to determine whether the agreement provided adequate protections for the interests of students, teachers, and the broader community. The court had to consider whether the agreement complied with the statutory requirements for the approval of independent school agreements and whether it met the necessary standards for educational provision.

The court found that the agreement was largely consistent with the statutory requirements and provided adequate protections for all stakeholders. The court noted that the agreement contained provisions that addressed key areas such as governance, finance, staffing, and curriculum. The court was satisfied that the agreement provided for the maintenance of educational standards and the welfare of students. The court also found that the agreement was in line with the principles of the relevant legislation. The court concluded that the agreement met the necessary standards for approval and recommended that the Minister approve the agreement.

The final orders of the court were that the Minister for Education be directed to approve the St Margaret's School Agreement 2019, subject to any conditions or modifications that the Minister deemed necessary. The court also ordered that the costs of the application be paid by the applicants.

St Margaret's School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established