Christ College Trust T/A Launceston Church Grammar School

[2023] FWCA 2018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christ College Trust T/A Launceston Church Grammar School

(AG2023/1823)

LAUNCESTON CHURCH GRAMMAR SCHOOL (GENERAL STAFF) 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 (General Staff) 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 (General Staff) 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.

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 and Australian Nursing and Midwifery Federation, 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) of the Act, I note that the Agreement covers the organisations.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Christ College Trust, trading as Launceston Church Grammar School, applied for approval of the Launceston Church Grammar School (General Staff) Enterprise Agreement, effective from 1 January 2023 to 31 December 2025. The application was contested by the Independent Education Union of Australia (IUEA). The primary dispute centred on the terms and conditions of employment for general staff at the school, including wages, working hours, leave provisions, and other employment-related matters.

The key legal issues before the court were whether the proposed enterprise agreement was fair and reasonable in all respects, and whether it complied with the requirements of the Fair Work Act 2009. The court had to consider whether the agreement met the "better off overall test," which requires that the employees be no worse off and at least some employees be better off financially under the new agreement compared to the previous terms. Additionally, the court needed to assess whether the agreement contained any provisions that were contrary to public policy or that failed to provide adequate protections for employees.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The court determined that the agreement provided for adequate wage increases and improvements to working conditions, ensuring that employees were better off overall. The commission also noted that the agreement included provisions for fair and transparent processes for resolving disputes and provided adequate protections for employees, thus complying with the requirements of the Fair Work Act. The court concluded that the agreement was in the best interests of the employees and approved the application for its implementation.

The final orders of the court were that the Launceston Church Grammar School (General Staff) Enterprise Agreement, effective from 1 January 2023 to 31 December 2025, be approved and registered under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the Christ College Trust and its general staff for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established