DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ Church Grammar School
(AG2015/3458)

CHRIST CHURCH GRAMMAR SCHOOL INC (SUPPORT STAFF ENTERPRISE BARGAINING) AGREEMENT 2015

Educational services
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2015.

[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 2015 (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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and Independent Education Union of Australia 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) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Christ Church Grammar School Inc brought an application for the approval of the Support Staff Enterprise Bargaining Agreement 2015. The application was brought in the context of the employer and the teachers' union, the Independent Education Union of Australia, having entered into an agreement that required the approval of the Fair Work Commission. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 in terms of being a simple, fair, and efficient workplace instrument.

The legal issues in the case included whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a simple, fair, and efficient workplace instrument. The Commission also had to consider whether the agreement met the requirements of the Code of Practice for Enterprise Agreements and whether it was in the best interests of the employees. The application was opposed by the Independent Education Union of Australia, which argued that the agreement did not meet the requirements of the Fair Work Act 2009 and that it was not in the best interests of the employees.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009 and was a simple, fair, and efficient workplace instrument. The Commission found that the agreement was consistent with the Code of Practice for Enterprise Agreements and that it was in the best interests of the employees. The Commission approved the agreement, finding that it met all the requirements of the Fair Work Act 2009 and that it was a fair and reasonable workplace instrument.

The Fair Work Commission approved the Support Staff Enterprise Bargaining Agreement 2015, finding that it was a simple, fair, and efficient workplace instrument that met all the requirements of the Fair Work Act 2009. The Commission found that the agreement was consistent with the Code of Practice for Enterprise Agreements and that it was in the best interests of the employees. The agreement was approved and registered by the Commission.

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