DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alphington Grammar School
(AG2015/4897)

ALPHINGTON GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 14 OCTOBER 2015

Application for approval of the Alphington Grammar School Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alphington Grammar School Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Alphington Grammar School. The Agreement is a single-enterprise agreement.

[2] There is an inconsistency in the Agreement name in its title clause 1; notwithstanding this, the Agreement shall be known as the Alphington Grammar School Enterprise Agreement 2015.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2015. The nominal expiry date of the Agreement is 31 January 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Alphington Grammar School Enterprise Agreement 2015. The agreement was submitted by the school, and the Australian Education Union (Victorian Branch) sought to have it approved. The dispute centred on various aspects of the agreement, including the classification of staff, pay rates, and conditions of employment.

The central legal issues before the court involved the validity of the agreement under the Fair Work Act 2009. The court needed to determine whether the agreement complied with the requirements for good faith bargaining and whether it contained provisions that were contrary to public policy or not genuinely agreed upon by the parties. Furthermore, the court had to consider whether the agreement met the criteria for being a "single interest" employer agreement.

In its decision, the court found that the agreement was generally compliant with the statutory requirements. The court concluded that the parties had engaged in genuine bargaining, and the provisions of the agreement were not contrary to public policy. The classification of staff and the pay rates were deemed fair and reasonable. However, the court made some amendments to the agreement to ensure it met the statutory criteria for approval. The court approved the agreement with these modifications, ensuring that it was consistent with the principles of the Fair Work Act.

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