Christ Church Grammar School Inc - [2025] FWCA 1803

[2025] FWCA 1803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Christ Church Grammar School Inc

(AG2025/1021)

CHRIST CHURCH GRAMMAR SCHOOL INC ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER SCHNEIDER	PERTH, 28 MAY 2025

Application for approval of the Christ Church Grammar School Inc Enterprise Agreement 2025.

Christ Church Grammar School Inc has made an application for the approval of an enterprise agreement known as the Christ Church Grammar School Inc Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The “Independent Education Union of Australia” (the Union), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that they seek to be covered by the agreement.

Background

Shortly after the Application was lodged, the Union filed a F18[1] indicating that they oppose the approval of the Agreement and purported they would be in support of approval of the Agreement if undertakings were provided to rectify inconsistencies where the Agreement provided less than the Educational Services (Teachers) Award 2020[2] (the Award) or the National Employment Standards (the NES).

I conducted conferences on 28 April 2025 and 7 May 2025 to discuss the concerns raised by my Chambers and the Union.

The Applicant has provided written undertakings for the issues raised by my Chambers and 5 of the 6 issues raised by the Union in the F18. 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant.

No objection was raised in relation to the undertakings provided by the Applicant. The objection raised by the Union was in relation to the individual flexibility arrangements (IFA) clause at clause 10(5)(a) of the Agreement. The Applicant did not provide an undertaking in relation to the IFA clause. In the Union’s outline of submissions, they pressed this objection.

Respondent’s Submissions

In their outline of submissions, the Union referenced the F18, where they submitted that “the Agreement allows either party to terminate the individual flexibility arrangement by giving no more than 28 days’ written notice to the other party, which is significantly less than the Award, which requires the employer to provide the employee with 13 weeks’ written notice to the employee.”

The Union submitted that while the Agreement as a whole provides a number of conditions that are above the Award, the IFA clause of the Agreement at clause 10(5)(a) gives rise to circumstances in which an employee or prospective may not be better…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FWCA 1803
Decision Date: 28 MAY 2025

CaseChat Overview and Summary

Christ Church Grammar School Inc was the subject of an application to the Fair Work Commission for the approval of the Enterprise Agreement 2025. The dispute arose from negotiations between the school and its employees over the terms and conditions of employment. The school sought to implement certain changes to the existing agreement, which were opposed by the employees. The matter was heard in the Fair Work Commission, which was required to assess whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement 2025 complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the proper protection of employees' interests, including minimum wages, penalties, leave entitlements, and dispute resolution mechanisms. The Commission also needed to determine whether the agreement was negotiated in good faith and whether it complied with other relevant statutory requirements.

The Commission found that the proposed Enterprise Agreement 2025 did meet the statutory requirements for approval. The agreement provided for adequate protections for employees' interests, including minimum wages, penalties, and leave entitlements. The Commission also found that the agreement had been negotiated in good faith and complied with other relevant statutory requirements. The Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

No further orders were made by the Commission. The approval of the Enterprise Agreement 2025 now allows Christ Church Grammar School Inc to implement the changes to the terms and conditions of employment as proposed in the agreement.

Orders