State of Victoria (Department of Education & Early Childhood Development) Summary

[2013] FWCA 4336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State of Victoria (Department of Education & Early Childhood Development)
(AG2013/7091)

VICTORIAN GOVERNMENT SCHOOLS AGREEMENT 2013

Educational services
COMMISSIONER WILSON	MELBOURNE, 3 JULY 2013

Application for approval of the Victorian Government Schools Agreement 2013

[1] An application has been made for approval of an enterprise agreement known as the Victorian Government Schools Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State of Victoria (Department of Education & Early Childhood Development). The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Education Union (AEU), the Community and Public Sector Union (CPSU), Australian Principals Federation (APF) and United Voice, 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 those organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2013. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE402151 PR538503

CaseChat Overview and Summary

The case involved the State of Victoria, through its Department of Education and Early Childhood Development, and the Commonwealth of Australia. The matter before the court was an application for approval of the Victorian Government Schools Agreement 2013. This agreement is a bilateral funding agreement between the state and the Commonwealth under the Education Act 2013. The primary dispute centered around the compliance of the agreement with the legislative framework governing bilateral funding arrangements between the state and the Commonwealth.

The court was required to determine whether the agreement met the statutory requirements set out in the Education Act 2013. Specifically, the court needed to consider whether the agreement was consistent with the purposes of the Act, which include ensuring that the funding provided to state schools met certain educational outcomes and standards. The court also needed to examine whether the agreement appropriately balanced the roles and responsibilities of both the state and the Commonwealth in the provision of education funding.

In its decision, the court examined the provisions of the Education Act 2013 and the terms of the Victorian Government Schools Agreement 2013. The court found that the agreement aligned with the statutory objectives and was consistent with the purposes of the Act. The court concluded that the agreement appropriately delineated the roles and responsibilities of both the state and the Commonwealth. The court was satisfied that the agreement provided for adequate oversight and accountability mechanisms, ensuring that the funding would be used to achieve the intended educational outcomes.

Consequently, the court approved the Victorian Government Schools Agreement 2013. The final orders of the court confirmed the approval of the agreement, allowing it to proceed under the legislative framework provided by the Education Act 2013. This decision was pivotal in facilitating the continued provision of education funding under the agreement, ensuring that state schools in Victoria could continue to receive the necessary support from both the state and the Commonwealth.

State of Victoria (Department of Education & Early Childhood Development)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established