DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bacchus Marsh Grammar Inc T/A Bacchus Marsh Grammar
(AG2016/7394)

BACCHUS MARSH GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the Bacchus Marsh Grammar School Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bacchus Marsh Grammar School Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bacchus Marsh Grammar Inc T/A Bacchus Marsh Grammar. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2017. The nominal expiry date of the Agreement is 29 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bacchus Marsh Grammar Inc trading as Bacchus Marsh Grammar, sought approval of the 2016 Enterprise Agreement from the Fair Work Commission. The application was opposed by a number of unions and individual employees. The crux of the matter was whether the proposed agreement met the requirements of Australian labour law for registration and whether it was in the best interests of the employees.

The legal issues before the court included whether the agreement provided for a fair and reasonable method for determining wages and conditions, whether it allowed for genuine collective bargaining, and whether it contained provisions that were contrary to public policy. The court also had to consider whether the application process was conducted in a fair and transparent manner.

The Fair Work Commission found that the application process was fair and transparent, and the agreement provided for a reasonable method for determining wages and conditions. The commission was satisfied that the agreement allowed for genuine collective bargaining and did not contain any provisions that were contrary to public policy. The commission approved the application and registered the agreement. The unions and employees were granted leave to appeal the decision.

The Fair Work Commission approved the application and registered the 2016 Enterprise Agreement. The unions and employees were granted leave to appeal the decision. The court found that the agreement met the requirements of Australian labour law and was in the best interests of the employees. The unions and employees may appeal the decision to a higher court.

Bacchus Marsh Grammar Inc T/A Bacchus Marsh Grammar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established