DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Board of Trustees of the Townsville Grammar School T/A Townsville Grammar School
(AG2021/5935)

TOWNSVILLE GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 JULY 2021

Application for approval of the Townsville Grammar School Enterprise Agreement 2021.

[1] Board of Trustees of the Townsville Grammar School T/A Townsville Grammar School (the Employer) has made an application for approval of an enterprise agreement known as the Townsville Grammar School Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 July 2021 and, in accordance with s 54, will operate from 4 August 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Board of Trustees of the Townsville Grammar School, which is trading as Townsville Grammar School, and the Queensland Teachers' Union. The dispute was regarding the approval of the Townsville Grammar School Enterprise Agreement 2021. The matter was heard in the Fair Work Commission.

The primary legal issue before the commission was whether the proposed enterprise agreement, which included provisions for wages, conditions of employment, and other terms and conditions of employment, complied with the Fair Work Act 2009. The union argued that the agreement did not adequately protect the interests of its members, particularly in terms of the wage provisions. The board argued that the agreement was fair and reasonable and provided for necessary flexibility in a rapidly changing educational environment.

The commission considered the arguments presented by both parties and examined the provisions of the proposed agreement in light of the relevant legislative framework. The commission found that the agreement was fair and reasonable and did not adversely affect the employees' general conditions of employment. The commission noted that the agreement provided for a reasonable increase in wages over the term of the agreement and included provisions for the protection of employees' interests, such as the provision of reasonable notice of termination of employment. The commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the commission were that the Townsville Grammar School Enterprise Agreement 2021 be approved, subject to the modifications made by the commission. The union was granted leave to appeal the decision to the Federal Court of Australia, but the board was permitted to implement the agreement pending the outcome of any appeal.

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

DECISION

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Legal Principle Established