DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunbury Cathedral Grammar School Inc
(AG2018/1357)

BUNBURY CATHEDRAL GRAMMAR SCHOOL INC. (SUPPORT STAFF) ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JULY 2018

Application for approval of the Bunbury Cathedral Grammar School Inc. (Support Staff) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bunbury Cathedral Grammar School Inc. (Support Staff) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bunbury Cathedral Grammar School Inc. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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 being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bunbury Cathedral Grammar School Inc., which sought approval for the Bunbury Cathedral Grammar School Inc. (Support Staff) Enterprise Agreement 2017. The dispute centred around the conditions of employment for support staff within the school, aiming for a resolution that would benefit both the employees and the institution. The Fair Work Commission was tasked with examining the fairness and compliance of the proposed agreement with relevant labour laws.

The court had to determine whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it was procedurally and substantively fair. This involved assessing the process by which the agreement was made, including the adequacy of employee representation and consultation, and the content of the agreement itself to ensure it did not adversely affect the employees’ rights or entitlements.

In its reasoning, the Commission found that the agreement was procedurally fair as it had been made through a process that involved genuine consultation and negotiation. The Commission also concluded that the agreement was substantively fair, as it did not contain any terms that were overly harsh, or that would significantly disadvantage the employees. The terms were deemed to be reasonable and in line with industry standards, providing a balanced outcome for both parties involved.

The final orders confirmed the approval of the Bunbury Cathedral Grammar School Inc. (Support Staff) Enterprise Agreement 2017, recognising its fairness and compliance with the Fair Work Act 2009. This decision allowed the agreement to be implemented, ensuring that the support staff at the school would operate under terms that were both legally sound and fair.

Bunbury Cathedral Grammar School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established