Carey Baptist Grammar School Summary

[2014] FWCA 211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carey Baptist Grammar School
(AG2013/12215)

CAREY BAPTIST GRAMMAR SCHOOL EMPLOYEE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 8 JANUARY 2014

Application for approval of the Carey Baptist Grammar School Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Carey Baptist Grammar School Employee Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Victoria Tasmania Branch, 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 the organisation.

[4] The Agreement is approved. In accordance with s.54 of the Act it will operate from 15 January 2014. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the applicant, the Carey Baptist Grammar School, seeking approval of the Employee Agreement 2013. The dispute arose under the Fair Work Act 2009, specifically concerning the terms and conditions of employment for the school's staff. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the Employee Agreement 2013 met the statutory requirements under the Fair Work Act for an employee agreement. This included assessing whether the agreement was made in good faith and whether it provided fair and reasonable terms and conditions of employment.

The Commission examined the application in light of the principles established in previous cases, such as the requirement for good faith and the necessity for fair and reasonable terms. The applicant argued that the Employee Agreement 2013 was negotiated in good faith and provided appropriate terms for the staff. The Commission took into account various factors, including the process of negotiation, the content of the agreement, and the context in which it was made. The Commission found that the agreement was made in good faith and that the terms and conditions were fair and reasonable, considering the specific circumstances of the school.

Consequently, the Fair Work Commission approved the Employee Agreement 2013, finding it to be compliant with the statutory requirements. The Commission concluded that the agreement met the necessary standards and provided a fair framework for the employment of staff at the school. The decision underscores the importance of good faith negotiations and the need for terms that are fair and reasonable in the context of employment agreements under the Fair Work Act. The final orders reflect the Commission's approval of the Employee Agreement 2013, allowing it to be implemented as intended by the applicant.

Carey Baptist Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established