DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Board of Trustees of The Ipswich Grammar School T/A Ipswich Grammar School
(AG2017/6102)

IPSWICH GRAMMAR SCHOOL COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 4 MAY 2018

Application for approval of the Ipswich Grammar School Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ipswich 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 Grammar School T/A Ipswich Grammar School. 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.

[3] The Independent Education Union of Australia and 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Board of Trustees of The Ipswich Grammar School, trading as Ipswich Grammar School, which applied for approval of the Ipswich Grammar School Collective Agreement 2018. The application was made to the Fair Work Commission, which is tasked with regulating and approving such agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the legal standards for approval, particularly regarding the provisions that relate to remuneration and other employment conditions for the school's staff.

The central legal issue before the Commission was whether the collective agreement adequately met the requirements of the Fair Work Act, including whether it was made in accordance with the prescribed process and whether it contained the necessary minimum terms and conditions. Specifically, the Commission examined if the agreement provided fair and reasonable terms and conditions, and if it was procedurally sound in its creation and negotiation. Furthermore, the Commission had to determine if the agreement's provisions were consistent with the broader objectives of the Act, such as promoting cooperative and productive workplace relations.

In delivering its decision, the Commission found that the collective agreement largely met the statutory requirements. The Commission acknowledged that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the process of negotiation and agreement was procedurally sound, and the terms were fair and reasonable. Consequently, the Commission approved the Ipswich Grammar School Collective Agreement 2018, confirming that it complied with the necessary legislative standards.

The Fair Work Commission's final order was to approve the Ipswich Grammar School Collective Agreement 2018, effective from the date of the decision. This approval meant that the agreement would govern the employment conditions of the school's staff, subject to the ongoing obligations under the Fair Work Act. The decision reinforced the importance of ensuring that collective agreements adhere to the statutory framework designed to protect the interests of both employers and employees.

Board of Trustees of The Ipswich Grammar School T/A Ipswich Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established