DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Camberwell Anglican Girls’ Grammar School
(AG2014/10379)

CAMBERWELL ANGLICAN GIRLS’ GRAMMAR SCHOOL (TEACHERS) AGREEMENT 2015

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 23 DECEMBER 2014

Application for approval of the Camberwell Anglican Girls’ Grammar School (Teachers) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Camberwell Anglican Girls’ Grammar School (Teachers) Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Camberwell Anglican Girls’ Grammar School. The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2014. The nominal expiry date of the Agreement is 29 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Camberwell Anglican Girls’ Grammar School sought approval of a new enterprise agreement under the Fair Work Act 2009. The matter was heard by the Fair Work Commission (FWC), with the parties including the school and the teachers' union, the Independent Education Union of Australia (IEUA). The new agreement aimed to update the existing terms and conditions of employment for teachers at the school.

The primary legal issue before the FWC was whether the proposed agreement met the "better off overall test" (BOOT) as outlined in section 182 of the Fair Work Act. This test required the FWC to determine if the new agreement provided employees with benefits that, on balance, were better than their previous conditions. The FWC also had to consider whether the agreement complied with the "good faith" bargaining requirements stipulated in the Act.

In making its decision, the FWC examined the submissions from both parties, focusing on the financial implications of the proposed agreement for the school and the benefits it offered to the teachers. The FWC determined that the new agreement satisfied the BOOT, as it provided overall benefits to the teachers, including improved salary and conditions. The FWC also found that the bargaining process was conducted in good faith. Consequently, the FWC approved the agreement, highlighting its balanced approach in addressing the needs of both the school and the teachers.

The FWC's final order was the approval of the Camberwell Anglican Girls’ Grammar School (Teachers) Agreement 2015, which would now govern the employment terms and conditions of teachers at the school.

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