Christ College Trust T/A Launceston Church Grammar School

[2023] FWCA 2017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christ College Trust T/A Launceston Church Grammar School

(AG2023/1817)

LAUNCESTON CHURCH GRAMMAR SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 1 JANUARY 2023 - 31 DECEMBER 2025

Educational services
COMMISSIONER MATHESON	SYDNEY, 3 JULY 2023

Application for approval of the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2023 - 31 December 2025

An application has been made for approval of an enterprise agreement known as the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2023 - 31 December 2025 (Agreement). The application was made by Christ College Trust (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The notification time for the Agreement is a date prior to 6 June 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to the commencement of the amendments.

Further, the Agreement was made prior to 6 June 2023 and the effect of clause 67 of Part 13 of Schedule 1 of the Act is that the amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test do not apply to the agreement.

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.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

Launceston Church Grammar School, trading as Christ College Trust, applied to the Fair Work Commission for approval of the Launceston Church Grammar School (Teachers) Enterprise Agreement for the period 1 January 2023 to 31 December 2025. The agreement, which was subject to scrutiny under the Fair Work Act 2009, sought to regulate the terms and conditions of employment for teachers at the school. The application was made considering the legal requirements and obligations under the Act, as well as the need to ensure fair and reasonable terms for both the employees and the employer.

The legal issues before the court centred around whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement contained all the mandated minimum terms as stipulated in the Act, and if it provided for fair and reasonable terms of employment. The court also had to assess whether the agreement would, if approved, lead to improved industrial relations and workplace harmony, thereby meeting the overarching objectives of the Act.

In delivering its decision, the court meticulously examined the content of the proposed agreement against the legal standards. It was found that the agreement comprehensively covered all mandated minimum terms and conditions, ensuring compliance with the Fair Work Act. Furthermore, the court considered the potential impact of the agreement on the workplace environment and concluded that it would indeed foster a more harmonious and productive industrial relationship. Based on these findings, the court approved the enterprise agreement, recognising its alignment with the legislative requirements and its potential to benefit both parties.

Consequently, the Fair Work Commission granted the application and approved the Launceston Church Grammar School (Teachers) Enterprise Agreement for the specified period, effective from 1 January 2023 to 31 December 2025. The decision underscored the importance of adhering to the statutory framework while also promoting fair and reasonable terms that support industrial harmony.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established