DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ Church Grammar School
(AG2018/913)

CHRIST CHURCH GRAMMAR SCHOOL INC (SUPPORT STAFF ENTERPRISE BARGAINING) AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2018

Application for approval of the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) 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 Christ Church Grammar School. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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 want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers those organisations.

[6] The Agreement was approved on 7 June 2018 and, in accordance with s.54, will operate from 14 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Christ Church Grammar School Inc, a private school located in Queensland, was involved in a dispute concerning the approval of an enterprise bargaining agreement with its support staff. The dispute was brought before the Fair Work Commission (FWC). The applicants sought approval of the agreement, which had been negotiated in accordance with the Fair Work Act 2009 (Cth). The employer argued that the proposed agreement was not in accordance with the Act, primarily due to concerns about the financial implications of the proposed pay rates and conditions.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement had been made in good faith, and whether it provided for the resolution of any dispute between the parties. The FWC also had to consider whether the agreement was in the public interest, taking into account the financial sustainability of the school and the broader implications for the private education sector. Another key issue was whether the agreement provided for appropriate protections for the employees, including fair remuneration and reasonable working conditions.

The FWC found that the proposed agreement had been made in good faith and provided for the resolution of disputes. The Commission also found that the agreement was in the public interest, as it would provide for fair remuneration and reasonable working conditions for the support staff, while also taking into account the financial sustainability of the school. The FWC approved the agreement, subject to certain modifications to address some of the employer's concerns. The FWC's decision was based on a detailed analysis of the evidence presented by both parties, and a careful consideration of the relevant legal principles.

The FWC made an order approving the proposed agreement, subject to certain modifications. The order was made on the basis that the agreement met the criteria for approval under the Fair Work Act, and that it was in the public interest. The employer and the employees were directed to take all necessary steps to implement the approved agreement. The FWC's decision provides important guidance on the factors that must be considered when approving enterprise bargaining agreements in the private education sector.

Christ Church 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