DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilderness School Limited
(AG2018/6299)

WILDERNESS SCHOOL LTD ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MARCH 2019

Application for approval of the Wilderness School Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wilderness School Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilderness School Limited. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 March 2019 and, in accordance with s.54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wilderness School Limited was the applicant seeking approval of an enterprise agreement from the Fair Work Commission. The agreement was intended to govern the employment conditions of teachers and support staff at the school. The nature of the dispute was the application for the agreement's approval, which involved determining whether it met the requirements under the Fair Work Act 2009.

The legal issues before the court centred on whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically concerning the process of its negotiation, content, and whether it provided for a fair and efficient system of dispute resolution. The court had to consider whether the agreement was appropriately negotiated, if it met the criteria for a modern award, and whether it contained any provisions that might be considered contrary to public policy or unfair.

The court found that the agreement was appropriately negotiated and contained provisions that met the criteria for a modern award. The agreement included terms and conditions that were fair and reasonable, and the dispute resolution mechanisms provided for were deemed efficient. The court concluded that the agreement did not contain any provisions that were contrary to public policy or unfair. Consequently, the court approved the Wilderness School Limited Enterprise Agreement 2019. The final orders of the court were that the enterprise agreement be approved, effective from the date of the decision.

Wilderness School Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established