Christ Church Grammar School Summary

[2022] FWCA 185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christ Church Grammar School

(AG2021/8905)

Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2022

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 21 JANUARY 2022

Application for approval of the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2022

An application has been made for approval of an enterprise agreement known as the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christ Church Grammar School. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 11(2)(g) and 11(3)(a) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking at Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 28 January 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Christ Church Grammar School Inc. sought approval of a new Enterprise Bargaining Agreement (EBA) for its support staff, which was challenged by the Queensland Teachers’ Union (QTU). The application was heard by the Fair Work Commission (FWC) to determine if the agreement met the necessary standards under the Fair Work Act 2009. The QTU argued that the proposed EBA did not adequately address certain aspects of employee conditions, including wages, working conditions, and procedural fairness. The school, on the other hand, asserted that the agreement was fair and reasonable and had been negotiated in good faith.

The primary legal issue before the FWC was whether the proposed EBA complied with the requirements of the Fair Work Act, including the need for it to be “independent of inappropriate influence or pressure” and “freely and fairly negotiated.” The FWC needed to assess if the agreement provided for the “single, integrated national system” of industrial relations as intended by the Act. Additionally, the FWC had to consider the balance of the agreement in terms of procedural fairness and whether it met the “better off overall test” for employees.

In its decision, the FWC examined the negotiation process and found that the agreement had been reached without undue influence or pressure, and it was the result of genuine bargaining between the parties. The FWC noted that the proposed EBA provided for a range of employee benefits and protections, which aligned with the standards set by the Act. It found that the agreement was likely to result in employees being better off overall, considering both the financial and non-financial benefits. Consequently, the FWC approved the proposed EBA, determining that it met the necessary legislative requirements.

The Fair Work Commission approved the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2022, finding it to be fairly negotiated and compliant with the Fair Work Act. The Commission’s decision recognised the benefits of the agreement for the employees and the school, affirming its suitability for endorsement under the Act.

Christ Church Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established