Bunbury Cathedral Grammar School Inc

[2015] FWCA 6142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunbury Cathedral Grammar School Inc
(AG2015/4766)

BUNBURY CATHEDRAL GRAMMAR SCHOOL INC. (TEACHING STAFF) ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 7 SEPTEMBER 2015

Application for approval of the Bunbury Cathedral Grammar School Inc. (Teaching Staff) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bunbury Cathedral Grammar School Inc. (Teaching Staff) Enterprise Agreement 2015 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is
31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Bunbury Cathedral Grammar School Inc. applied for approval of the Bunbury Cathedral Grammar School Inc. (Teaching Staff) Enterprise Agreement 2015. The dispute involved the terms and conditions of employment for teaching staff at the school, specifically the proposed changes to their remuneration and working conditions. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement contained terms that were contrary to the Fair Work Act or that failed to meet the "better off overall test." This test requires that employees be no worse off and at least some employees be better off financially under the new agreement compared to their previous terms. The Commission also had to consider whether the agreement contained appropriate mechanisms for dispute resolution and whether it complied with the procedural requirements for approval.

The Fair Work Commission found that the proposed enterprise agreement did not adequately address the financial position of the employees, particularly in relation to the better off overall test. The Commission was not satisfied that the agreement provided sufficient evidence to demonstrate that at least some employees would be better off overall. Additionally, the Commission found procedural issues in the way the agreement was developed and presented for approval, which did not align with the requirements of the Fair Work Act. As a result, the Commission did not approve the agreement.

The Commission ordered that the application for approval of the enterprise agreement be dismissed. The school was directed to revisit the agreement to address the identified deficiencies and resubmit it for consideration, ensuring compliance with all legal and procedural requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established