Camberwell Anglican Girls' Grammar School

[2021] FWCA 6780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camberwell Anglican Girls' Grammar School
(AG2021/8309)

CAMBERWELL ANGLICAN GIRLS' GRAMMAR SCHOOL (TEACHERS) AGREEMENT 2021

Educational services
COMMISSIONER O'NEILL	MELBOURNE, 23 NOVEMBER 2021

Application for approval of the Camberwell Anglican Girls' Grammar School (Teachers) Agreement 2021

[1] Camberwell Anglican Girls’ Grammar School has applied for approval of an enterprise agreement known as the Camberwell Anglican Girls’ Grammar School (Teachers) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 30 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

Camberwell Anglican Girls' Grammar School, represented by the headmaster, applied to the Fair Work Commission for approval of the Camberwell Anglican Girls' Grammar School (Teachers) Agreement 2021. The school sought the agreement to apply to teachers employed by the school. The legal issues before the court centred on whether the agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees.

The court considered the agreement's provisions on wages, working conditions, and dispute resolution mechanisms. It examined whether the agreement was made in good faith and whether it provided fair and reasonable terms for the teachers. The court also assessed whether the agreement provided for adequate consultation and representation of the teachers' interests. After reviewing the evidence and arguments presented, the court found that the agreement met the statutory requirements and was in the best interests of the employees. The agreement provided fair and reasonable terms and conditions of employment, ensuring the teachers' rights and interests were protected. The court also found that the agreement had been made in good faith and with adequate consultation and representation of the teachers' interests.

Consequently, the Fair Work Commission approved the Camberwell Anglican Girls' Grammar School (Teachers) Agreement 2021. The agreement now legally binds the school and the teachers, providing a framework for their employment relationship. The approval ensures that the teachers are entitled to the terms and conditions outlined in the agreement, and the school is required to comply with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established