DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School
(AG2020/1136)

WILLUNGA WALDORF FOR RUDOLF STEINER EDUCATION INC. ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 11 MAY 2020

Application for approval of the Willunga Waldorf for Rudolf Steiner Education Inc. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Willunga Waldorf for Rudolf Steiner Education Inc. Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 April 2020.

[3] On 5 May 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 May 2020. The undertaking deals with the following topics:

• Employees engaged under clause 54 of the Agreement will be paid at a rate of no less than 102% of Schedule C of the Educational Services (Schools) General Staff Award 2010 (the Award).

• Employees engaged under clause 55 of the Agreement will be paid at a rate of no less than 102% of Schedule D of the Award.

• Employees engaged under clause 56 of the Agreement will be paid at a rate of no less than 102% of Schedule E of the Award.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Willunga Waldorf School for Rudolf Steiner Education Inc, trading as Willunga Waldorf School, applied for the approval of the Willunga Waldorf for Rudolf Steiner Education Inc. Enterprise Agreement 2020. The application was made to the Fair Work Commission. The primary nature of the dispute was the approval of an enterprise agreement that outlines the terms and conditions of employment for the school's employees.

The legal issues before the Commission involved determining whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it contained the essential minimum terms, was free from prohibited content, and was genuinely agreed upon by the parties. The Commission also needed to consider whether the agreement met the criteria for being a single, indivisible agreement. The central focus was ensuring that the agreement was fair and appropriate, considering the needs of both the employees and the employer.

The Commission found that the agreement was in compliance with the statutory requirements. It was comprehensive and contained all the essential minimum terms, including those relating to wages, hours of work, and other employment conditions. The agreement was also free from prohibited content and was genuinely agreed upon by the parties. The Commission concluded that the agreement was a single, indivisible document, meeting all the necessary criteria for approval. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the Willunga Waldorf for Rudolf Steiner Education Inc. Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of the school's employees. The decision underscored the importance of ensuring that enterprise agreements are fair, comprehensive, and genuinely agreed upon by both parties.

Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established