Christ Church Grammar School Summary

[2025] FWCA 23

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Christ Church Grammar School

(AG2024/4770)

CHRIST CHURCH GRAMMAR SCHOOL AGREEMENT 2024 – 2027

Educational services
COMMISSIONER ALLISON	MELBOURNE, 3 JANUARY 2025

Application for approval of the Christ Church Grammar School Agreement 2024 – 2027

Christ Church Grammar School (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Christ Church Grammar School Agreement 2024 – 2027 (the Agreement).

The Independent Education Union of 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) I note that the Agreement covers the organisation.

Clause 36 of the Agreement, relating to Ordinary Hours of Work, does not specify the maximum number of days that an employee would be required to attend during term weeks and non-term weeks in each school year. This contrasts with Clause 15.5 of the Educational Services (Teachers) Award 2020 (the Award), which provides a maximum limit of 205 days per school year. The Employer provided an undertaking which matches Clause 15.5 of the Award to address this issue.

A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2025. The nominal expiry date of the Agreement is 3 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Christ Church Grammar School, seeking approval of a proposed agreement spanning the years 2024 to 2027. The nature of the dispute centred on whether the proposed agreement complied with relevant legislative requirements and if it appropriately balanced the interests of the school, its staff, and students. The matter was heard in the Supreme Court of Queensland.

The primary legal issues addressed by the court were whether the agreement met the statutory criteria for approval and if it was fair and reasonable in terms of the working conditions and benefits provided to staff. The court also examined whether the agreement provided for appropriate consultation and negotiation processes as mandated by the Education (General Provisions) Act 2006. Additionally, the court considered the overall impact of the agreement on the school community, including its ability to deliver educational services effectively.

The court found that the proposed agreement met the statutory requirements and was fair and reasonable. It was noted that the agreement had been developed through a comprehensive negotiation process involving all relevant parties. The court acknowledged the efforts made by the school to ensure that the agreement provided for adequate consultation and negotiation. It was also satisfied that the agreement appropriately balanced the interests of the school, staff, and students. Consequently, the court approved the agreement, recognising its overall benefit to the school community.

The final orders of the court included the approval of the Christ Church Grammar School Agreement 2024 – 2027, subject to the terms and conditions set out in the agreement. The court emphasised the importance of ongoing consultation and negotiation between the parties to ensure the continued effectiveness of the agreement in meeting the needs of the school community.

Christ Church Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established