DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat and Queen’s Anglican Grammar School T/A Ballarat Grammar
(AG2016/2592)

BALLARAT AND QUEEN’S ANGLICAN GRAMMAR SCHOOL (TEACHERS) AGREEMENT NOVEMBER 2015 - OCTOBER 2019

Educational services
COMMISSIONER ROE	MELBOURNE, 13 APRIL 2016

Application for approval of the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2015 - October 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2015 - October 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat and Queen’s Anglican Grammar School T/A Ballarat Grammar. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 13 April 2016 and, in accordance with s.54, will operate from 20 April 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the application for approval of the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2015 - October 2019, the respondents sought to challenge the proposed agreement, which was to be entered into between the school and the teachers’ union. The application was brought before the Fair Work Commission, where the Commission was tasked with determining whether the agreement should be approved or not.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees, being the teachers. The respondents argued that the proposed agreement did not meet the requirements of the Act and was not in the best interests of the employees, as it did not provide adequate protections for the employees.

The Commission found that the proposed agreement did not meet the requirements of the Act as it did not include a provision for the resolution of disputes between the parties. However, the Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, subject to certain modifications, including the addition of a dispute resolution clause. The school and the teachers’ union were directed to make the necessary changes to the agreement and submit it to the Commission for final approval.

Ballarat and Queen’s Anglican Grammar School T/A Ballarat Grammar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established