The King David School Holdings Ltd

[2022] FWCA 4525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The King David School Holdings Ltd

(AG2022/5131)

The King David School Agreement 2023

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 20 DECEMBER 2022

Application for approval of The King David School Agreement 2023.

An application has been made for approval of a multi-enterprise agreement known as The King David School Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The King David School Holdings Ltd (Employer). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, 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.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 26 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The King David School Holdings Ltd sought the court's approval for the proposed The King David School Agreement 2023. This agreement was aimed at restructuring the school's operations and governance to better meet its educational objectives and ensure financial sustainability. The application was filed in the Federal Circuit and Family Court of Australia, highlighting the need for judicial oversight to ensure fairness and compliance with relevant industrial laws.

The central legal issues revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement appropriately balanced the interests of the employees, the school's operational needs, and the broader educational goals. The court needed to determine if the agreement provided fair and reasonable terms for all parties involved, particularly in light of the school's unique educational mission and community impact.

The court found that the proposed agreement was fair and reasonable, taking into account the specific educational context of the school. The agreement was deemed to appropriately balance the interests of the employees, the operational requirements of the school, and the educational objectives. The court also noted the efforts made by the school to consult with stakeholders and address potential concerns. Consequently, the application for approval was granted, and the agreement was authorised to take effect. This decision ensures that the school can move forward with the necessary restructuring while maintaining a fair and equitable environment for all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established