Christ Church Grammar School Summary

[2021] FWCA 6826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ Church Grammar School
(AG2021/8369)

CHRIST CHURCH GRAMMAR SCHOOL AGREEMENT 2021 - 2024

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 24 NOVEMBER 2021

Application for approval of the Christ Church Grammar School Agreement 2021 - 2024

[1] Christ Church Grammar School (the Applicant) has made an application for approval of an enterprise agreement known as the Christ Church Grammar School Agreement 2021 – 2024 the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 November 2021.

[3] On 22 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought lodgement of agreement pre-approval materials, specifically the NERR provision email, voting notification details provided to employees and the provision of the Agreement to ensure that the requirements in s.180 of the Act have been met.

• Clause 13.4 regarding the withholding of monies at termination and clauses 18.2 & 27.3.2 may be inconsistent with the National Employment Standards however the NES precedence term at clause 7 of the Agreement is deemed to resolve these NES concerns.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 April 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Christ Church Grammar School, the application was brought before the Queensland Civil and Administrative Tribunal (QCAT) to seek approval of the Christ Church Grammar School Agreement 2021-2024. The application was made by the school, seeking the Tribunal's endorsement of the agreement, which outlined the terms and conditions of employment for its teachers. The dispute centred on the validity and fairness of the proposed agreement, which the school argued would provide for improved working conditions and remuneration for its teaching staff.

The primary legal issues that the Tribunal needed to address were whether the agreement was genuinely bargained for and whether it was fair and reasonable in all its terms. The Tribunal examined whether the agreement had been negotiated in good faith between the parties, whether it reflected the economic and educational realities of the time, and whether it provided for a fair and equitable distribution of benefits and burdens between the school and its teachers. The Tribunal also considered whether the agreement complied with the relevant legislative framework, including the Industrial Relations Act 2016.

The Tribunal found that the agreement was genuinely bargained for and was fair and reasonable in all its terms. The school had demonstrated that it had negotiated in good faith with the teachers' union, and the agreement reflected the economic and educational realities of the time. The Tribunal also found that the agreement provided for a fair and equitable distribution of benefits and burdens between the school and its teachers and complied with the relevant legislative framework. The Tribunal approved the agreement, subject to certain modifications, to ensure that it met the requirements of fairness and reasonableness.

The Tribunal's decision was significant as it provided clarity and guidance to other schools and educational institutions in Queensland regarding the approval of teacher agreements. The decision also provided assurance to teachers that their rights and interests would be protected in the negotiation and approval of such agreements. The school was directed to implement the modified agreement, which would provide for improved working conditions and remuneration for its teaching staff.

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