Wilderness School Limited

[2013] FWCA 510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wilderness School Limited
(AG2012/13091)

WILDERNESS SCHOOL LTD ENTERPRISE AGREEMENT 2012

Educational services
COMMISSIONER STEEL	ADELAIDE, 22 JANUARY 2013

Application for approval of the Wilderness School Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Wilderness School Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] 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 them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 29 January 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wilderness School Limited, applied for approval of the Wilderness School Limited Enterprise Agreement 2012. The applicant was represented by Ms. L. H. Brown, while the respondents, represented by Mr. J. A. Smith, opposed the application. The respondents included the Independent Education Union of Australia (Vic Branch), the Independent Schools Union of Australia, and the Association of Independent Schools of Victoria. The dispute centered around the terms of the enterprise agreement and whether they met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement met the necessary criteria for approval, specifically under sections 230 and 231 of the Fair Work Act 2009. The court needed to determine if the agreement was a "good faith" agreement and if it provided for a fair and reasonable terms of employment. The respondents argued that the agreement did not meet these criteria, particularly in relation to provisions concerning the school's right to make changes to employees' duties and the absence of provisions on redundancy payments.

The court examined the terms of the agreement and found that while some provisions did not meet the criteria for good faith, the overall agreement was a bona fide attempt to negotiate in good faith. The court highlighted that the agreement contained provisions for fair and reasonable terms of employment, despite some shortcomings. The court concluded that the agreement met the statutory requirements for approval, as the provisions that did not meet the criteria did not undermine the overall fairness of the agreement. The court approved the application for the agreement to be registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established