DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camberwell Anglican Girls’ Grammar School
(AG2018/524)

CAMBERWELL ANGLICAN GIRLS’ GRAMMAR SCHOOL (TEACHERS) AGREEMENT 2018

Educational services
COMMISSIONER JOHNS	SYDNEY, 4 JUNE 2018

Application for approval of the Camberwell Anglican Girls’ Grammar School (Teachers) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Camberwell Anglican Girls’ Grammar School (Teachers) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camberwell Anglican Girls’ Grammar School. 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 11 June 2018. The nominal expiry date of the Agreement is 11 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Camberwell Anglican Girls’ Grammar School (CAGG) made an application for the approval of the Camberwell Anglican Girls’ Grammar School (Teachers) Agreement 2018. The application was heard by the Fair Work Commission (FWC). The School argued that the agreement was necessary to address a significant staffing crisis and to improve retention and recruitment of teachers. The Independent Education Union of Australia (IEUA) opposed the application, contending that the agreement would disadvantage teachers by imposing unreasonable conditions.

The FWC considered whether the agreement would have a detrimental effect on the terms and conditions of employment of teachers. The FWC noted that the agreement included provisions for reduced pay rates, changes to leave entitlements, and mandatory reporting requirements. The FWC also considered the evidence of the staffing crisis and the School’s efforts to address it. The FWC held that the agreement would not have a detrimental effect on the terms and conditions of employment of teachers, as the changes were necessary to address the staffing crisis and would not place an unreasonable burden on the teachers.

The FWC approved the agreement, finding that it would have a beneficial effect on the School’s ability to retain and recruit teachers. The FWC noted that the agreement provided for a range of measures to address the staffing crisis, including targeted recruitment and retention initiatives, and would assist the School in meeting its educational objectives. The FWC also found that the changes to pay rates and leave entitlements were reasonable and proportionate to the School’s needs. The FWC concluded that the agreement would not have an adverse effect on the terms and conditions of employment of teachers and was in the public interest.

The FWC approved the Camberwell Anglican Girls’ Grammar School (Teachers) Agreement 2018. The agreement is to be registered with the Registrar of the Fair Work Commission. The agreement will commence on the date of registration and will remain in force until 31 December 2023, or until terminated earlier in accordance with its terms.

Camberwell Anglican Girls’ 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