Christ Church Grammar School Inc

[2024] FWCA 4495

[2024] FWCA 4495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Christ Church Grammar School Inc

(AG2024/4515)

CHRIST CHURCH GRAMMAR SCHOOL INC (SUPPORT STAFF ENTERPRISE BARGAINING) AGREEMENT 2025

Educational services
COMMISSIONER LIM	PERTH, 13 DECEMBER 2024

Application for approval of the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2025.

1. Christ Church Grammar School Inc (the Applicant) has made an application for the approval of an enterprise agreement known as the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) 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.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

1. The title of the Agreement on the Notice of Employee Representational Rights is “Christ Church Grammar School Inc Support Staff Enterprise Agreement 2025” whilst the Agreement title in clause 1 is “Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2025”. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

1. 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ 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.

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

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (NES):

(a)Clause 11(3) provides the entitlement to compassionate leave but it does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s 105(1)(b) of the Act, or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s 105(1)(c) of the Act.

(b)Clause 9(a)(i) provides the entitlement to annual leave for Administrative and Technical Officers as 20 days rather than four weeks. This appears to be inconsistent with s 87(1) of the Act which expresses the entitlement to annual leave in weeks.

(c)Clause 11(2)(g) provides that the staff member must, wherever practicable, give notice to the School prior to the absence of the intention to take personal/carer’s leave. If it is not practicable for the staff member to give notice of the absence, the staff member must notify the School of such absence at the first opportunity. This appears to provide a more stringent notice requirement than permitted by s 107(2)(a) of the Act, which provides that the notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

1. However, I am satisfied that under clause 6.4 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation and the Independent Education Union of Australia (together, the organisations), 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 declarations provided by the organisations, I note that the organisations are covered by the Agreement.

1. The Agreement was approved on 13 December 2024 and, in accordance with s 54, will operate from 20 December 2024. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

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Annexure A