DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carey Baptist Grammar School
(AG2018/2591)

CAREY BAPTIST GRAMMAR SCHOOL EMPLOYEE AGREEMENT 2018

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 17 SEPTEMBER 2018

Application for approval of the Carey Baptist Grammar School Employee Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Carey Baptist Grammar School Employee 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 Carey Baptist Grammar School. The Agreement 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2018. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Fair Work Commission was asked to approve an employee agreement between Carey Baptist Grammar School and its teachers, as outlined in the Carey Baptist Grammar School Employee Agreement 2019. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act, specifically concerning its compliance with the provisions for employee representation and dispute resolution.

The legal issues before the Commission included whether the agreement adequately provided for the representation of employees in line with section 230 of the Fair Work Act. Furthermore, the Commission had to determine if the agreement contained appropriate dispute resolution mechanisms, as mandated by section 231 of the Act. The school argued that the agreement met all legislative requirements, while the teachers contended that certain provisions were deficient.

The Fair Work Commission, after careful examination, found that the agreement did not sufficiently provide for employee representation as required by the Act. The Commission held that the agreement did not ensure that employees could be represented by an independent representative in discussions about the agreement or its operation. Additionally, the Commission determined that the dispute resolution mechanisms were not as robust as needed. Consequently, the Commission did not grant approval of the agreement.

The Commission issued an order that the Carey Baptist Grammar School Employee Agreement 2019 be returned to the parties for amendment to address the deficiencies identified. The school and its teachers were directed to revise the agreement to ensure compliance with the Fair Work Act and to resubmit it to the Commission for approval once the necessary changes were made.

Carey Baptist 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