Board of Trustees of the Toowoomba Grammar School T/A Toowoomba Grammar School Summary

[2022] FWCA 4502

FAIR WORK COMMISSION

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

(AG2022/5095)

Toowoomba Grammar School Enterprise Agreement 2023

Educational services
COMMISSIONER SPENCER	BRISBANE, 19 DECEMBER 2022

Application for approval of the Toowoomba Grammar School Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Toowoomba Grammar School Enterprise Agreement 2023 (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 Toowoomba Grammar School T/A Toowoomba Grammar School (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Independent Education Union of Australia (IEU) and the Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, the Board of Trustees of the Toowoomba Grammar School, applied to the Fair Work Commission for approval of the Toowoomba Grammar School Enterprise Agreement 2023. The nature of the dispute involved the terms and conditions of employment for the school's staff, including matters such as wages, working hours, leave entitlements, and dispute resolution mechanisms. The application was heard by the Commission in its capacity as the Fair Work Commission.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, such as ensuring that the agreement meets the "better off overall test" and does not undermine the safety net of minimum standards. Another issue was whether the agreement adequately provided for the protection of employees' rights and interests, including provisions for fair and equitable treatment, and the avoidance of unfair discrimination.

The Commission found that the agreement met all the statutory requirements and did not undermine the safety net of minimum standards. The agreement was also deemed to be fair and reasonable, providing adequate protections for the employees. The Commission was satisfied that the agreement was beneficial to the employees overall, as it included provisions for increased wages and other benefits. The Commission approved the agreement, subject to certain minor amendments to ensure full compliance with the Fair Work Act 2009.

The final orders of the Commission were that the Toowoomba Grammar School Enterprise Agreement 2023 be approved, with the aforementioned minor amendments. The approved agreement now governs the terms and conditions of employment for the school's staff, providing a legally binding framework for their relationship with the employer.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established