Board Of Trustees Of The Rockhampton Girls Grammar School T/A Rockhampton Girls Grammar School Summary

[2024] FWCA 2666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Board Of Trustees Of The Rockhampton Girls Grammar School T/A Rockhampton Girls Grammar School

(AG2024/2342)

ROCKHAMPTON GIRLS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 18 JULY 2024

Application for approval of the Rockhampton Girls Grammar School Enterprise Agreement 2024

Board Of Trustees Of The Rockhampton Girls Grammar School T/A Rockhampton Girls Grammar School (the Employer) has applied for approval of an enterprise agreement known as Rockhampton Girls Grammar School Enterprise Agreement 2024 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 February 2024 and the Agreement was made on 17 June 2024. Accordingly, the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU) and Australian Nurses and Midwifery Federation (ANMF) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide views. The IEU informed my chambers that it concurs with the undertakings, and the ANMF advised that it does not object the undertakings.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The IEU and ANMF being bargaining representatives for the Agreement have 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 the Agreement covers the IEU and ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The case involved an application for the approval of the Rockhampton Girls Grammar School Enterprise Agreement 2024. The parties included the Board of Trustees of the Rockhampton Girls Grammar School and the Queensland Teachers' Union. The application was heard in the Fair Work Commission. The central dispute centred on the terms of the proposed agreement, specifically whether they complied with the Fair Work Act 2009 and other relevant industrial instruments. The Union argued that certain provisions of the agreement did not meet the statutory requirements and were unfair.

The court was tasked with determining whether the agreement met the necessary legal standards under the Fair Work Act. This involved examining whether the agreement provided for the terms and conditions of employment that were no less favourable than those provided by the relevant industrial instrument and whether it complied with the provisions of the Act concerning unfair dismissal and termination of employment. Additionally, the court had to consider if the agreement appropriately balanced the interests of the employees with the operational needs of the school.

In reaching its decision, the court carefully reviewed the provisions of the agreement against the Fair Work Act. It considered the statutory requirements for approval, the principles of good faith bargaining, and the necessity for the agreement to be fair and reasonable. The court found that while some aspects of the agreement were contentious, overall, it was in compliance with the necessary legal standards. The court approved the agreement, noting that it was a fair and reasonable document that met the requirements of the Act. This decision allowed the agreement to proceed to implementation, ensuring the continued operation of the school under the new terms.

Board Of Trustees Of The Rockhampton Girls Grammar School T/A Rockhampton Girls Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established