DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School
(AG2016/622)

WILLUNGA WALDORF FOR RUDOLF STEINER EDUCATION INC. ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 13 APRIL 2016

Application for approval of the Willunga Waldorf For Rudolf Steiner Education Inc. Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Willunga Waldorf For Rudolf Steiner Education Inc. Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement contained a minor error at clause 1. Pursuant to s.586(a), I note that reference to 2013 is to be replaced with 2016.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2016. The nominal expiry date of the Agreement is 13 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Willunga Waldorf School for Rudolf Steiner Education Inc, trading as the Willunga Waldorf School, sought approval of their 2016 Enterprise Agreement under the Fair Work Act 2009. The application was opposed by the Australian Education Union. The dispute was heard by the Fair Work Commission, which has jurisdiction over such matters. The legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it was in the best interests of the employees.

The Commission considered whether the agreement was a "good faith" agreement, as required by section 233 of the Fair Work Act. The applicant argued that the agreement was negotiated in good faith and met the criteria for approval. The opposing party raised concerns about the negotiation process and the provisions of the agreement. The Commission examined the evidence and found that the agreement was indeed negotiated in good faith and met the requirements of the Act. The Commission also considered whether the agreement was in the best interests of the employees and whether it provided fair and reasonable terms for them. The Commission concluded that the agreement was in the best interests of the employees and provided fair and reasonable terms.

The Fair Work Commission approved the Willunga Waldorf For Rudolf Steiner Education Inc Enterprise Agreement 2016. The Commission found that the agreement was a genuine enterprise agreement, negotiated in good faith, and met the requirements of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees and provided fair and reasonable terms for them. The application for approval was therefore successful.

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