Board of Trustees of the Ipswich Girls' Grammar School T/A Ipswich Girls' Grammar School including Ipswich Junior Grammar School

[2018] FWCA 2760

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Board of Trustees of the Ipswich Girls' Grammar School T/A Ipswich Girls' Grammar School including Ipswich Junior Grammar School

(AG2017/6199)

Ipswich Girls' Grammar School including Ipswich Junior Grammar School Collective Agreement 2018

Educational services
Commissioner Johns	SYDNEY, 16 MAY 2018

Application for approval of the Ipswich Girls' Grammar School including Ipswich Junior Grammar School Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Ipswich Girls’ Grammar School including Ipswich Junior Grammar School Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Board of Trustees of the Ipswich Girls’ Grammar School T/A Ipswich Girls’ Grammar School including Ipswich Junior Grammar School. The Agreement is a single enterprise agreement.

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 Independent Education Union of Australia and the Queensland Nurses and Midwives’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Ipswich Girls' Grammar School, trading as the Ipswich Girls' Grammar School including Ipswich Junior Grammar School, applied to the Fair Work Commission for approval of their Collective Agreement 2018. The school argued that the agreement was fair and reasonable, and that it met the statutory requirements for approval. The application was made under the Fair Work Act 2009, and the Commission was required to consider whether the agreement was fair and reasonable, and whether it complied with the relevant statutory provisions.

The legal issues before the Commission were whether the Collective Agreement 2018 was fair and reasonable, and whether it complied with the statutory requirements set out in the Fair Work Act 2009. The Commission considered a range of factors in making its decision, including the bargaining power of the parties, the nature of the agreement, and whether it met the statutory requirements for approval. The Commission also considered whether the agreement provided for a fair and reasonable outcome for both parties, and whether it met the statutory requirements for approval.

The Commission found that the Collective Agreement 2018 was fair and reasonable, and that it complied with the statutory requirements set out in the Fair Work Act 2009. The Commission noted that both parties had engaged in good faith bargaining, and that the agreement provided for a fair and reasonable outcome for both parties. The Commission also found that the agreement met the statutory requirements for approval, and that it did not contravene any relevant provisions of the Act. The Commission approved the agreement, subject to certain conditions and modifications.

The Commission made a number of orders in relation to the approval of the agreement. The agreement was approved, subject to certain conditions and modifications, including the removal of certain provisions that were found to be inconsistent with the Act. The Commission also ordered that certain provisions of the agreement be referred to the Fair Work Ombudsman for further consideration. The decision provides important guidance for employers and employees in the education sector, and highlights the importance of engaging in good faith bargaining and ensuring that collective agreements comply with the relevant statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established