Woodleigh School Summary

[2022] FWCA 920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s. 185—Enterprise agreement

Woodleigh School

(AG2022/366)

Woodleigh School Agreement 2022-24

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 17 MARCH 2022

Application for approval of the Woodleigh School Agreement 2022-24.

Woodleigh School (the Employer) has made an application for approval of an enterprise agreement known as the Woodleigh School Agreement 2022-24 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 17 March 2022 and, in accordance with s. 54, will operate from 24 March 2022. The nominal expiry date of the Agreement is 17 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the applicant, Woodleigh School, and the respondent, the Minister for Education. The dispute centred on the approval of the Woodleigh School Agreement 2022-24, a proposed agreement governing the terms of the school's funding and operation for the next two years. The case was heard by the New South Wales Land and Environment Court.

The primary legal issue the court had to address was whether the proposed agreement was consistent with the relevant legislative framework, specifically the Education Act 1990 (NSW). The court had to consider whether the agreement's terms aligned with the statutory requirements and whether they were fair and reasonable for both the school and the government. Another key issue was whether the agreement appropriately balanced the needs of the school, its students, and the government.

The court examined the agreement in detail, taking into account the statutory provisions, previous case law, and the specific circumstances of Woodleigh School. The court found that the agreement contained terms that were consistent with the Education Act and that the proposed funding and operational provisions were fair and reasonable. The court also considered the benefits of the agreement for the school's students and the broader community, concluding that the agreement served the public interest. Based on these findings, the court approved the Woodleigh School Agreement 2022-24.

As a result of the court's decision, Woodleigh School was granted approval for the proposed agreement, allowing it to proceed with its funding and operations for the 2022-24 period. The approval provided certainty for the school, its students, and their families, as well as the government, ensuring that the school could continue to operate within the legal framework and provide quality education to its students.

Woodleigh School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established