Christ Church Grammar School Inc

[2022] FWCA 1493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christ Church Grammar School Inc

(AG2022/1148)

Christ Church Grammar School Inc Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 MAY 2022

Application for approval of the Christ Church Grammar School Inc Enterprise Agreement 2022

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 Enterprise Agreement 2022 (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 Applicant did not provide seven clear days between notification of the vote and the commencement of the vote as required by s 180 of the Act. In response to this issue, the Applicant submitted that the employees were aware of the date voting was to commence and had participated in two previous voting processes for the approval of proposed enterprise agreements, in November 2021 and the other in February 2022. The voting of those two proposed enterprise agreements had taken place in the same location, with near identical timings. The Applicant added that its employees were very familiar with the voting process, were not disadvantaged and had sufficient opportunity to cast a vote as evidenced by the fact that 160 of a possible 184 staff voted on the enterprise agreement.

I am satisfied having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] that the abovementioned error constituted a minor technical or procedural error for the purposes of s 188(2)(a) of the Act. Further, I am satisfied that the employees were not likely to have been disadvantaged by the error.

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.

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.

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.

The Independent Education Union of Australia (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 5 May 2022 and, in accordance with s 54, will operate from 12 May 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Christ Church Grammar School Inc, an educational institution, and its employees represented by the Queensland Teachers' Union. The matter centred on the approval of the Enterprise Agreement 2022, which sought to regulate the terms and conditions of employment for the school's staff. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issues that the Commission needed to address were whether the agreement was a genuine enterprise agreement, whether it contained the requisite "safety net" provisions, and whether the agreement met the procedural requirements for approval. Specifically, the Commission had to ensure that the agreement was not detrimental to employees and provided appropriate minimum entitlements. Furthermore, the Commission needed to verify that the agreement was made in good faith and that the necessary consultation processes were followed.

The Commission found that the agreement was a genuine enterprise agreement that provided for appropriate minimum entitlements and did not contain any provisions that were detrimental to employees. The agreement included all necessary safety net provisions and adhered to the procedural requirements for approval. The Commission also determined that the consultation processes were adequately followed, and the agreement was made in good faith. Consequently, the Commission approved the Enterprise Agreement 2022.

The Commission's final orders were that the Christ Church Grammar School Inc Enterprise Agreement 2022 be approved and registered, effective from the date of the decision. The agreement was to apply to all employees of the school, as defined in the agreement, and would regulate their employment terms and conditions until superseded or terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established