DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Board of Trustees of the Rockhampton Grammar School T/A The Rockhampton Grammar School
(AG2020/1955)

ROCKHAMPTON GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER BOOTH	BRISBANE, 17 AUGUST 2020

Application for approval of the Rockhampton Grammar School Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Board of Trustees of the Rockhampton Grammar School T/A The Rockhampton Grammar School (the Applicant) for approval of the Rockhampton Grammar School Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Paul Giles, Assistant Secretary/Treasurer of the Queensland and Northern Territory Branch of the Independent Education Union of Australia (the IEU), filed a Form F18 in this matter, advising that the IEU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Mr Sam Roberts, Director of Early Childhood Education and Care for the United Workers’ Union (the UWU), filed a Form F18 in this matter, advising that the UWU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[4] Mr Christopher Murray, Industrial Officer for the Australian Nursing and Midwifery Federation (the ANMF), filed a Form F18 in this matter, advising that the ANMF supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[5] Correspondence was sent to the Applicant and bargaining representatives on 27 July 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 30 July 2020. The IEU, UWU, and ANMF were provided copies of the response and proposed undertakings.

[6] The matter was listed for eHearing on 5 August 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard on 10 August 2020. No parties contacted my Chambers.

[7] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[8] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Clause 9.9.1(l) regarding parental leave;

• Clauses 9.1, 9.1.3, 9.1.4(e), 9.2.2, 9.2.3-9.2.7, 9.2.8(iii) in relation to annual leave;

• Clauses 4.6 in relation to notice of termination;

• Clause 4.9 in relation to redundancy pay;

• Clause 9.12.1 in relation to family and domestic violence leave.

[9] However, noting the NES precedence undertaking, and the further undertakings provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[10] In the course of this matter, several typographical errors were identified in the Agreement as lodged. I exercise my discretion under s.586 of the Act to correct these typographical errors.

[11] Subject to the matters raised at paragraphs [2]-[10], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[12] In accordance with s.201(2), I note that the Agreement covers the IEU, UWU, and ANMF.

[13] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

The case before the Fair Work Commission involved an application by the Board of Trustees of the Rockhampton Grammar School for approval of the Rockhampton Grammar School Enterprise Agreement 2020. This agreement was made between the school and its employees, specifically targeting the conditions of employment, including wages and other terms and conditions. The nature of the dispute was the procedural fairness and compliance of the agreement with relevant labour laws and regulations.

The legal issues that the court had to resolve centred around the fairness and compliance of the enterprise agreement. Specifically, the court needed to assess whether the agreement was made in good faith, whether the necessary procedural steps were followed, and whether it complied with the Fair Work Act 2009. The school argued that the agreement was fair and had been negotiated appropriately, while the union representing the employees contended that certain terms were unfair and that the negotiation process was flawed.

The Fair Work Commission, after thorough examination of the evidence and arguments presented, found that the agreement was indeed made in good faith and that all procedural requirements were met. The commission determined that the terms of the agreement were fair and reasonable, and thus complied with the statutory requirements. Consequently, the court approved the enterprise agreement, finding that it was in the best interests of both the school and its employees. The decision affirmed the validity of the agreement, ensuring that it would be enforceable moving forward.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established