DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alphington Grammar School
(AG2019/1973)

ALPHINGTON GRAMMAR SCHOOL AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 25 JUNE 2019

Application for approval of the Alphington Grammar School Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Alphington Grammar School Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alphington Grammar School. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Alphington Grammar School Agreement 2019. This agreement was made between the Alphington Grammar School and the teachers' union, aiming to regulate employment terms and conditions for the teachers employed by the school. The union brought the application before the Commission seeking its approval under the Fair Work Act 2009.

The primary legal issue addressed by the Commission was whether the agreement met the requirements for approval as a registered agreement under the Fair Work Act. This included assessing if the agreement was genuinely negotiated and if it complied with the provisions of the Act, particularly concerning the coverage of employees, the terms and conditions, and the processes for resolving disputes.

In determining whether the agreement was genuinely negotiated, the Commission considered the bargaining process, the parties' conduct, and the substance of the agreement. The Commission found that the agreement was the result of genuine negotiations between the parties, as evidenced by the extensive discussions and the concessions made by both parties. The Commission also confirmed that the agreement complied with the Act, including its coverage of all relevant employees, the clarity of its terms, and the mechanisms for resolving disputes. The Commission approved the agreement, recognising the need for such agreements to facilitate harmonious workplace relations and to provide a framework for resolving employment issues.

The Commission ordered the approval of the Alphington Grammar School Agreement 2019, subject to certain conditions designed to ensure ongoing compliance with the Fair Work Act. This decision provides a clear framework for the employment relationship between the school and its teachers, ensuring that both parties' interests are protected and that the agreement serves as a basis for fair and effective dispute resolution.

Alphington Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established