Alphington Grammar School

[2022] FWCA 3717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alphington Grammar School

(AG2022/4307)

Alphington Grammar School Agreement 2022

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 24 OCTOBER 2022

Application for approval of the Alphington Grammar School Agreement 2022

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

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 24 October 2022 and, in accordance with s 54, will operate from 31 October 2022. The nominal expiry date of the Agreement is 24 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Alphington Grammar School, the applicant sought approval for the Alphington Grammar School Agreement 2022. The dispute arose from disagreements between the school and its employees, who were represented by a union, regarding the terms of employment. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues for the Commission to determine were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided a safety net for employees, whether it allowed for flexible working arrangements, and if it complied with the general protections outlined in the Act. Additionally, the Commission needed to ensure that the agreement had been genuinely bargained and that the process followed was fair.

The Commission examined the agreement in detail, considering the arguments from both the applicant and the union. The Commission found that the proposed agreement met the safety net requirements and included provisions for flexible working arrangements. It also concluded that the agreement adhered to the general protections and had been genuinely bargained. As a result, the Commission approved the agreement, finding it to be in compliance with the Act and suitable for the employees of Alphington Grammar School.

The Commission approved the Alphington Grammar School Agreement 2022, subject to certain conditions to ensure ongoing compliance with the Act. The agreement now serves as the basis for the employment terms of the school's staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established