DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ Church Grammar School
(AG2015/7492)

CHRIST CHURCH GRAMMAR SCHOOL AGREEMENT 2015 - 2017

Educational services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the Christ Church Grammar School Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Christ Church Grammar School Agreement 2015 - 2017 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Christ Church Grammar School applied to the Queensland Civil and Administrative Tribunal (QCAT) for approval of an agreement concerning employment terms and conditions for the period 2015-2017. The dispute centred around whether the proposed agreement complied with relevant industrial legislation, particularly in terms of provisions relating to employment conditions, remuneration, and working arrangements. The application was opposed by the Independent Education Union of Australia (Qld), which argued that certain clauses in the agreement were unfair and not consistent with applicable laws and standards.

The court was tasked with determining whether the agreement was in accordance with the applicable industrial laws and whether it contained provisions that could be deemed unfair. This involved assessing the proposed terms and conditions against the relevant legislative framework, including the Fair Work Act 2009 and the Fair Work Regulations 2009. The court also had to consider whether the agreement appropriately balanced the interests of the employer and employees, and whether it met the standards of procedural fairness and good faith bargaining.

In delivering its decision, the tribunal found that the proposed agreement was generally in compliance with the applicable industrial laws. However, it identified certain provisions that were deemed to be unfair and outside the scope of permissible terms. The tribunal made several amendments to the agreement to address these issues, ensuring that the final terms met the required standards of fairness and compliance. The tribunal concluded that the amended agreement was fair and appropriate, and approved it for the specified period.

The final orders of the tribunal included the approval of the amended Christ Church Grammar School Agreement 2015-2017, with specific modifications to ensure compliance with industrial laws and fairness to both parties. The tribunal directed that the agreement be implemented as amended, and provided guidance on the procedural steps required for its enforcement.

Christ Church Grammar School

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established