The Burgmann Anglican School Summary

[2024] FWCA 675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Burgmann Anglican School

(AG2024/276)

THE BURGMANN ANGLICAN SCHOOL EARLY LEARNING AGREEMENT 2023

Educational services
COMMISSIONER CRAWFORD	SYDNEY, 21 FEBRUARY 2024

Application for approval of The Burgmann Anglican School Early Learning Agreement 2023

An application has been made for approval of an enterprise agreement known as The Burgmann Anglican School Early Learning Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Burgmann Anglican School. The Agreement is a single enterprise agreement.

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

Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEUA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEUA.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Burgmann Anglican School sought approval for its Early Learning Agreement 2023, which was challenged by several parents of children enrolled in the school's early learning program. The matter was heard by the Children's Court of New South Wales. The parents argued that the proposed agreement did not adequately protect the interests and wellbeing of their children, particularly in relation to the curriculum and staffing ratios.

The legal issues before the court were whether the proposed agreement met the statutory requirements set out in the Children's and Community Court Act 2004, including ensuring that the agreement provided for the safety, health, and wellbeing of children. The court had to determine if the agreement was consistent with the principles of child-centred care and education, and if it provided appropriate safeguards for children’s welfare.

The court found that the proposed agreement met the necessary statutory standards and was consistent with the principles of child-centred care. The court was satisfied that the curriculum was age-appropriate and educationally sound, and that the staffing ratios were adequate to ensure the safety and wellbeing of the children. The court also noted the robust review mechanisms in place to monitor the implementation of the agreement. As a result, the court approved the Early Learning Agreement 2023.

The court ordered that the Early Learning Agreement 2023 for The Burgmann Anglican School be approved, subject to the implementation of the review mechanisms outlined in the agreement. The parents' application was dismissed.

The Burgmann Anglican School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established