DECISION

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

Board of Trustees of The Toowoomba Grammar School T/A Toowoomba Grammar School
(AG2019/3626)

TOOWOOMBA GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT ASBURY	BRISBANE, 11 FEBRUARY 2020

Application for approval of the Toowoomba Grammar School Enterprise Agreement 2019.

[1] The Board of Trustees of The Toowoomba Grammar School T/A Toowoomba Grammar School (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Toowoomba Grammar School Enterprise Agreement 2019 (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.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement has given notice under s.183 of the Act that the Union wants to be covered by the Agreement. The Australian Nursing and Midwifery Federation (ANMF) also filed a Form F18 statutory declaration giving notice under s.183 of the Act that it wanted to be covered by the Agreement, on the basis that it has members covered by the Agreement. The Applicant does not dispute this assertion and consented to the ANMF being covered by this Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 18 February 2020. The nominal expiry date of the Agreement is 18 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Board of Trustees of The Toowoomba Grammar School for approval of the Toowoomba Grammar School Enterprise Agreement 2019. The application was brought before the Fair Work Commission, the body tasked with overseeing and approving enterprise agreements under Australian labour law. The dispute centred on whether the agreement met the legal requirements and standards for approval, particularly in relation to its compliance with the Fair Work Act 2009.

The central legal issues the court had to address included whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it adhered to the procedural requirements set forth in the Fair Work Act. The court also had to determine if the agreement was free from any prohibited content, such as clauses that could undermine workers' rights or discriminate against certain groups. Additionally, the fairness and reasonableness of the agreement's terms in light of the broader economic context were scrutinised.

The Fair Work Commission carefully reviewed the provisions of the Toowoomba Grammar School Enterprise Agreement 2019, assessing them against the statutory benchmarks for fairness and reasonableness. The court found that the agreement did not contain any terms that were contrary to public policy or that undermined the rights of employees. It concluded that the agreement was procedurally sound and provided for fair and reasonable terms and conditions. Consequently, the court approved the agreement, thereby allowing it to come into effect as intended by the parties.

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