Christ College Trust T/A Launceston Church Grammar School Summary

[2022] FWCA 660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christ College Trust T/A Launceston Church Grammar School

(AG2022/23)

Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2022 - 31 December 2022

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2022 - 31 December 2022

Christ College Trust T/A Launceston Church Grammar School (the Employer) has made an application for approval of an enterprise agreement known as the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2022 - 31 December 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The copy of the NERR provided to employees refers to the Agreement as the Launceston Church Grammar School (Teachers) Enterprise Agreement, however, clause 1 of the Agreement provides that the name of the Agreement is the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2022 – 31 December 2022. The Employer provided submissions as to this error on 17 February 2022. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 24 February 2022 and, in accordance with s 54, will operate from 3 March 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Christ College Trust trading as Launceston Church Grammar School, applied for approval of the Launceston Church Grammar School (Teachers) Enterprise Agreement for the period 1 January 2022 to 31 December 2022. The respondent, the Australian Education Union, opposed the application. The dispute centred on whether the proposed agreement contained provisions that were inconsistent with the Fair Work Act 2009, particularly in relation to the requirement for the agreement to promote systemic improvement in employee relations and workplace practices.

The court was tasked with determining whether the provisions of the proposed agreement met the legislative standards and whether the agreement would encourage a productive workplace environment and systemic improvements. The key issue was whether the agreement adequately addressed the requirements under section 235(1)(a) and (b) of the Fair Work Act, which mandates that an enterprise agreement must, among other things, promote systemic improvement in employee relations and workplace practices.

The Fair Work Commission examined the proposed agreement in detail, considering the submissions from both parties. The Commission found that the agreement did not sufficiently address the requirements for promoting systemic improvement in employee relations and workplace practices. Consequently, the application for approval was rejected. The Commission emphasised the need for the agreement to include specific mechanisms for addressing workplace issues and improving employee relations, which were absent in the proposed agreement.

As a result, the Fair Work Commission did not approve the Launceston Church Grammar School (Teachers) Enterprise Agreement for the specified period. The Commission directed the parties to continue negotiations to reach an agreement that meets the legislative requirements, including the promotion of systemic improvement in employee relations and workplace practices.

Christ College Trust T/A Launceston 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