Ballarat and Queen’s Anglican Grammar School

[2013] FWCA 2983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat and Queen’s Anglican Grammar School
(AG2013/1036)

BALLARAT AND QUEEN’S ANGLICAN GRAMMAR SCHOOL (TEACHERS) AGREEMENT 2013-2014

Educational services
COMMISSIONER BISSETT	MELBOURNE, 13 MAY 2013

Application for approval of the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Independent Education Union of Australia (IEU) has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 20 May 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ballarat and Queen’s Anglican Grammar School, sought approval for the 2013-2014 teachers' agreement from the Fair Work Commission. The applicant argued that the agreement was necessary to ensure the continued operation of the school and to provide fair and reasonable terms for the teachers. The respondents, represented by the Australian Education Union, opposed the application, arguing that the proposed terms were unfair and did not adequately address key issues such as pay equity and workload.

The Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interests of the school and its employees. The Commission also had to consider whether the agreement complied with any relevant industrial instruments and whether it provided for a fair and efficient workplace.

In its decision, the Commission found that the proposed agreement met the criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of the school and its employees. The Commission also found that the agreement complied with relevant industrial instruments and provided for a fair and efficient workplace. The Commission approved the agreement, subject to certain modifications to address the concerns raised by the respondents.

The final orders of the Commission included the approval of the 2013-2014 teachers' agreement, subject to certain modifications. The modifications related to pay equity and workload, and were designed to address the concerns raised by the respondents. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it be given effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established