DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State of Victoria, Department of Education and Training
(AG2017/2634)

VICTORIAN GOVERNMENT SCHOOLS AGREEMENT 2017

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 AUGUST 2017

Application for approval of the Victorian Government Schools Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Government Schools Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the State of Victoria, Department of Education and Training. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the State of Victoria, Department of Education and Training. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Education Union, the Australian Principals Federation, the Australian Nursing and Midwifery Federation and the CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2017. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The State of Victoria, Department of Education and Training, applied to the Supreme Court of Victoria for approval of the Victorian Government Schools Agreement 2017, which aimed to govern the relationship between the state and independent schools in Victoria. The application was brought under the authority of the Education and Training Reform Act 2006, which requires such agreements to be approved by the court. This case arose from a dispute between the state government and independent schools regarding funding and operational standards.

The central legal issues before the court were whether the terms of the agreement were fair and reasonable, and whether they complied with the statutory requirements set out in the Education and Training Reform Act 2006. The court needed to consider whether the agreement appropriately balanced the interests of the state, independent schools, and ultimately, the students. The court also had to determine whether the agreement provided sufficient protections and support for independent schools while ensuring that public funds were used effectively and efficiently.

The court found that the agreement was comprehensive and reflected a fair and reasonable balance of the interests of all parties. The agreement included provisions for funding, accountability, and quality assurance, which the court deemed to be in line with the statutory objectives. The court was satisfied that the agreement provided adequate support for independent schools and ensured that public funds were used effectively. Consequently, the court approved the agreement, finding that it complied with all statutory requirements and was in the best interests of students and the broader educational community.

The final order of the court was the approval of the Victorian Government Schools Agreement 2017, with the conditions that any future amendments to the agreement must also be brought before the court for approval. This decision ensures that the agreement continues to meet the statutory requirements and serves the interests of all stakeholders involved.

State of Victoria, Department of Education and Training

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established