Board of Trustees of the Rockhampton Grammar School T/A The Rockhampton Grammar School

[2024] FWCA 1540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Board of Trustees of the Rockhampton Grammar School T/A The Rockhampton Grammar School

(AG2024/954)

THE ROCKHAMPTON GRAMMER SCHOOL ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 26 APRIL 2024

Application for approval of The Rockhampton Grammar School Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as The Rockhampton Grammar School Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Board of Trustees of the Rockhampton Grammar School T/A The Rockhampton Grammar School (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 1.8.6 – Definition of a Household or Immediate Family.
· Clause 4.15.7 – Redundancy.

However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU QNT) lodged a Form F18 statutory declaration giving 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 QNT.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Board of Trustees of The Rockhampton Grammar School, trading as The Rockhampton Grammar School, for approval of the Enterprise Agreement 2024. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The agreement in question was the outcome of negotiations between the school board and the teachers' union, aiming to set out the terms and conditions of employment for the teachers.

The central legal issues before the Commission were whether the agreement was a "certified agreement" as defined by the Act, and whether it met the criteria for approval, including that it must not provide for terms and conditions that are less favourable than the applicable award or safety net award. The Commission also had to consider if the agreement was made in good faith and whether it was genuinely negotiated. The school board argued that the agreement was a product of genuine negotiations and that it provided for fair and reasonable terms for both parties. The union contended that the agreement met all statutory requirements and did not disadvantage the employees.

The Fair Work Commission found that the agreement was indeed a certified agreement and was the product of genuine negotiations. The Commission concluded that the agreement did not provide for terms and conditions that were less favourable than the applicable award or safety net award, and therefore met the criteria for approval. The Commission was satisfied that the agreement was made in good faith and that it was genuinely negotiated. The Commission approved the Enterprise Agreement 2024, confirming that it complied with the relevant statutory requirements.

The Commission's final order was the approval of the Enterprise Agreement 2024, which would now govern the terms and conditions of employment for the teachers at The Rockhampton Grammar School. The agreement was to be registered and would have effect from the date of the Commission's decision. The approval was contingent upon the agreement being registered with the Registrar of the Fair Work Commission within the prescribed period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established