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

[2025] FWCA 1987

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

(AG2025/1723)

WILLUNGA WALDORF SCHOOL FOR RUDOLF STEINER EDUCATION INC. ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER ROGERS	ADELAIDE, 16 JUNE 2025

Application for approval of the Willunga Waldorf School for Rudolf Steiner Education Inc. Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Willunga Waldorf School for Rudolf Steiner Education Inc. Enterprise Agreement 2025 (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. trading as Willunga Waldorf School (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Independent Education Union of Australia (IEUA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEUA.

The Agreement is approved and will operate in accordance with s.54 of the Act from 23 June 2025. The nominal expiry date of the Agreement is 26 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Willunga Waldorf School for Rudolf Steiner Education Inc. trading as Willunga Waldorf School, made an application for the approval of the Willunga Waldorf School for Rudolf Steiner Education Inc. Enterprise Agreement 2025 under section 185 of the Fair Work Act 2009. The Agreement, which was a single enterprise agreement, was sought to be approved by the Fair Work Commission. The Independent Education Union of Australia (IEUA) also lodged a statutory declaration indicating its desire for the Agreement to cover its members. The Commissioner found that all relevant requirements of the Act were met, including those under sections 186, 187, and 188.

The legal issues before the Commissioner involved verifying that the application met the statutory criteria for approval under the Fair Work Act 2009, including ensuring that the Agreement met the necessary procedural requirements and was made in good faith. Additionally, the Commissioner had to consider whether the Agreement covered all relevant employees, as indicated by the IEUA's statutory declaration. The Commissioner also needed to determine whether the Agreement complied with the provisions of the Act and was in the best interests of the employees covered by it.

The Commissioner concluded that the application for approval of the Agreement was valid and met all the statutory criteria. The Commissioner noted that the IEUA had lodged a statutory declaration, indicating its intention for the Agreement to cover its members, and therefore the Agreement was deemed to cover the IEUA. The Commissioner found that the Agreement complied with the Act and was in the best interests of the employees. As a result, the Agreement was approved and would operate from 23 June 2025, with a nominal expiry date of 26 April 2028.

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