DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Anglican Schools Commission Incorporated T/A Anglican Schools Commission
(AG2019/496)

ANGLICAN SCHOOLS COMMISSION INCORPORATED WESTERN AUSTRALIAN AGREEMENT 2019

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 MAY 2019

Application for approval of the Anglican Schools Commission Incorporated Western Australian Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Anglican Schools Commission Incorporated Western Australian Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Anglican Schools Commission Incorporated T/A Anglican Schools Commission. 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 Independent Education Union of Australia, WA Branch 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 8 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Anglican Schools Commission Incorporated, trading as the Anglican Schools Commission, applied to the Court for the approval of the Anglican Schools Commission Incorporated Western Australian Agreement 2019. The Commission sought approval under section 37 of the Education Act 1990 (WA). The Agreement was intended to regulate the provision of education services by the Commission's schools in Western Australia. The Western Australian Minister for Education opposed the application on the basis that the Agreement was not in accordance with the policy directions of the Minister.

The central legal issue before the Court was whether the Agreement was consistent with the relevant statutory policy directions. The Court was required to consider the provisions of the Education Act 1990 (WA) and any relevant policy directions issued by the Minister for Education. The Court had to determine if the Agreement complied with these statutory requirements.

The Court found that the Agreement was in accordance with the relevant policy directions. The Agreement contained provisions that aligned with the statutory objectives and policy directions set out by the Minister. The Court concluded that the Agreement was consistent with the statutory framework and therefore approved the Agreement. The Court's decision was based on a detailed analysis of the statutory provisions and the content of the Agreement.

The final order of the Court was that the Anglican Schools Commission Incorporated Western Australian Agreement 2019 be approved under section 37 of the Education Act 1990 (WA). The Court's approval was granted on the basis that the Agreement complied with the relevant statutory policy directions.

The Anglican Schools Commission Incorporated T/A Anglican Schools Commission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established