DECISION

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

Board of Trustees of the Toowoomba Grammar School
(AG2015/1291)

TOOWOOMBA GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 14 JULY 2015

Application for approval of the Toowoomba Grammar School Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Toowoomba Grammar School Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Board of Trustees of the Toowoomba Grammar School (the Employer).

[2] 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.

[3] On 9 July 2015 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

● Independent Education Union of Australia;

● Australian Nursing and Midwifery Federation

● Queensland Nurses Union of Employees; and

● United Voice.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 21 July 2015. The nominal expiry date of the Agreement is 13 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Board of Trustees of the Toowoomba Grammar School sought approval for the Toowoomba Grammar School Enterprise Agreement 2015. The dispute arose from the negotiation process and the final terms of the agreement, which was intended to govern the employment conditions of staff within the school. The application for approval was contested by various stakeholders, including employee representatives, who raised concerns about specific provisions within the agreement.

The primary legal issues the Commission needed to address were whether the agreement was fairly negotiated and if it complied with the relevant legislative framework. This involved assessing the fairness of the negotiation process and the reasonableness of the terms stipulated in the agreement. The Commission also had to determine whether the agreement met the statutory requirements set forth in the Fair Work Act 2009, including provisions related to employee rights and protections.

In its decision, the Commission meticulously reviewed the negotiation process, examining whether it was conducted in good faith and whether there was adequate representation of the parties involved. The Commission also evaluated the substantive terms of the agreement, ensuring they did not unjustifiably disadvantage the employees. After thorough analysis, the Commission concluded that the negotiation process was fair, and the agreement was in compliance with the legislative requirements. Consequently, the application for approval was granted, and the agreement was approved as compliant and binding.

Board of Trustees of the 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