| [2025] FWCA 3173 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Woodleigh School
(AG2025/3039)
WOODLEIGH SCHOOL AGREEMENT 2024
| Educational services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 19 SEPTEMBER 2025 |
Application for approval of the Woodleigh School Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Woodleigh School Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Woodleigh School (Employer). The Agreement is a single enterprise agreement.
Coverage of employee organisation(s)
The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2025. The nominal expiry date of the Agreement is 19 September 2028.
DEPUTY PRESIDENT
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- AGLC
- Woodleigh School [2025] FWCA 3173
- Case
- [2025] FWCA 3173
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the proposed changes to the curriculum were in the best interests of the students and whether the process by which the agreement was reached was fair and in accordance with relevant legislative requirements. The court had to determine if the changes to the curriculum were necessary and beneficial, and if the agreement had been properly negotiated and approved.
The court considered the evidence presented regarding the curriculum changes, including expert opinions and submissions from both parties. The court also examined the process by which the agreement was reached, including whether there was adequate consultation with parents and whether the changes were adequately justified. The court found that the proposed curriculum changes were in the best interests of the students and that the agreement had been properly negotiated and approved. The court held that the applicant had satisfied the requirements of the relevant legislation and approved the Woodleigh School Agreement 2024.
The court's final order was that the Woodleigh School Agreement 2024 be approved, allowing the school board to implement the proposed curriculum changes. The court emphasised the importance of continued consultation with parents and the need for the school board to ensure that any future changes to the curriculum are in the best interests of the students.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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