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

[2014] FWCA 652

FAIR WORK COMMISSION

DECISION

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

Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School
(AG2013/10507)

WILLUNGA WALDORF FOR RUDOLPH STEINER EDUCATION INC ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER STEEL	ADELAIDE, 28 JANUARY 2014

Application for approval of the Willunga Waldorf for Rudolf Steiner Education Inc Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Willunga Waldorf For Rudolph Steiner Education Inc Enterprise Agreement 2013 (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] The Independent Education Union of Australia (SA) being a bargaining representative for the Agreement, have 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] In order to avoid any possible confusion, clause 13 of the Agreement as it may relate to officers of the Independent Education Union of Australia will operate in accordance with the Right of Entry provisions contained within the Act.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 4 February 2014. The nominal expiry date of the Agreement is 28 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School, the applicant sought approval of the Willunga Waldorf for Rudolf Steiner Education Inc Enterprise Agreement 2013. The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement was in the best interests of the employees and whether it complied with relevant legislative provisions.

The legal issues that the Commission was required to decide included whether the agreement provided fair and reasonable terms for the employees, and whether it adhered to the requirements of the Fair Work Act 2009. The Commission also had to consider if the agreement was consistent with the national employment standards and if it contained any provisions that were contrary to public policy.

The Commission found that the proposed agreement was fair and reasonable, providing adequate protections and benefits for the employees. It was determined that the agreement was consistent with the national employment standards and did not contain any provisions that were contrary to public policy. Consequently, the application for approval was successful. The Fair Work Commission approved the Willunga Waldorf for Rudolf Steiner Education Inc Enterprise Agreement 2013.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established