DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The King David School Holdings Ltd T/A The King David School
(AG2017/4975)

THE KING DAVID SCHOOL TEACHERS AGREEMENT 2017-2020

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 NOVEMBER 2017

Application for approval of The King David School Teachers Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as The King David School Teachers Agreement 2017-2020 (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 T/A The King David School. 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 King David School Holdings Ltd T/A The King David School. 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 31 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved The King David School Holdings Ltd, trading as The King David School, which sought approval of a teachers agreement for the period 2017-2020. The application was before the Federal Court, as the agreement's terms were subject to the Fair Work Act 2009. The court was required to determine whether the agreement met the legal criteria for approval, including whether it facilitated the efficient operation of the school and provided fair terms for teachers.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act, particularly whether it facilitated the efficient operation of the school and provided fair terms for the teachers. The court considered whether the provisions of the agreement were necessary to facilitate the efficient operation of the school and whether the agreement provided fair terms for the teachers, in line with the principles of the Act.

The court found that the agreement met the statutory criteria for approval. It was determined that the agreement facilitated the efficient operation of the school by including provisions that supported the school's operational needs, such as flexible working arrangements and workload management. Furthermore, the court found that the agreement provided fair terms for the teachers, as it balanced the interests of both the school and the teachers, and aligned with the principles of the Fair Work Act. The court concluded that the agreement was fair and met the statutory requirements for approval.

The court approved the application, allowing the agreement to come into effect. The decision emphasised the importance of balancing the operational needs of the school with the fair treatment of teachers, and underscored the court's role in ensuring that agreements comply with the legal framework established by the Fair Work Act. The approval of the agreement was a significant step in formalising the terms of employment for teachers at The King David School.

The King David School Holdings Ltd T/A The King David School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established