Ballarat and Queen’s Anglican Grammar School Summary

[2022] FWCA 881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ballarat and Queen’s Anglican Grammar School

(AG2022/578)

Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2022

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 15 MARCH 2022

Application for approval of the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2022

Ballarat and Queen’s Anglican Grammar School (the Applicant) has made an application for approval of an enterprise agreement known as the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 8 March 2022.

On 8 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

· Clause 14.2 relating to the withholding of monies upon termination may be inconsistent with the National Employment Standards (NES).

· Chambers raised better off overall concerns relating to casual teacher rates.

The Applicant has submitted an undertaking in the required form dated 10 March 2022. The undertaking deals with the following topics:

· The Applicant inserted a National Employment Standards (NES) precedence clause.
· In respect of better off overall issued relating to casual teachers, the Applicant provided pay rates that are better off than the Award.

A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Ballarat and Queen’s Anglican Grammar School sought approval for the Teachers’ Agreement which was to govern the employment of its teaching staff from November 2022. The school, a private educational institution, sought to have the agreement certified as suitable for the purposes of the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the agreement, particularly those that related to remuneration, working hours, and leave provisions.

The legal issues before the Commission involved whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the Commission had to determine if the agreement was appropriate in terms of its compliance with the National Employment Standards, and whether it included reasonable terms and conditions. Additionally, the Commission had to consider the fairness of the agreement to the employees and whether it aligned with broader industrial standards and principles of fairness and equity.

In its reasoning, the Commission examined each clause of the agreement, considering the balance of interests between the school and the teachers. The Commission noted that the agreement provided for terms that were in line with similar agreements in the private education sector and were consistent with the National Employment Standards. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific context of the institution and the nature of the teaching profession. Ultimately, the Commission approved the agreement, finding it to be suitable for the purposes of the Fair Work Act.

The final orders of the Commission were that the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2022 be approved as a registered agreement under the Fair Work Act, effective from 1 November 2022. This decision provided certainty and stability for both the school and its teaching staff, ensuring that the agreement would govern their employment terms for the specified period.

Ballarat and Queen’s Anglican Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established