DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ Church Grammar School
(AG2014/10500)

CHRIST CHURCH GRAMMAR SCHOOL INC ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Christ Church Grammar School Inc Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Christ Church Grammar School Inc Enterprise 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] 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 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] The Independent Education Union of Western 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 February 2015 and, in accordance with s.54, will operate from 6 March 2015. The nominal expiry date of the Agreement is
31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christ Church Grammar School Inc sought approval of their 2015 Enterprise Agreement. The application was heard in the Fair Work Commission. The primary concern was whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the employees' safety, health, and welfare, and whether it was fair and reasonable. The dispute centred on the provisions related to casual employment and the calculation of leave entitlements.

The court needed to determine if the agreement complied with the statutory obligations under the Fair Work Act. It was essential to assess if the provisions concerning casual employment adhered to the relevant legal standards and if the calculation of leave entitlements was fair and reasonable. The court also examined whether the agreement adequately addressed the employees' safety, health, and welfare.

The Fair Work Commission found that the agreement met the necessary criteria. The provisions concerning casual employment were deemed to comply with the Fair Work Act, and the calculation of leave entitlements was considered fair and reasonable. The court concluded that the agreement provided for the employees' safety, health, and welfare, as required by the legislation. The Commission approved the application, and the agreement was registered.

The final orders included the registration of the Christ Church Grammar School Inc Enterprise Agreement 2015, effective from the date of the Commission's decision. The agreement was to be applied to the employees covered by it, and the parties were directed to take all necessary steps to give effect to the agreement.

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