DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ College Trust t/a Launceston Church Grammar School
(AG2020/2032)

LAUNCESTON CHURCH GRAMMAR SCHOOL (GENERAL STAFF) ENTERPRISE AGREEMENT 1 JANUARY 2020 - 31 DECEMBER 2021

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 AUGUST 2020

Application for approval of the Launceston Church Grammar School (General Staff) Enterprise Agreement 1 January 2020 - 31 December 2021.

[1] Launceston Church Grammar School has applied for approval of a single enterprise agreement known as the Launceston Church Grammar School (General Staff) Enterprise Agreement 1 January 2020 - 31 December 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Launceston Church Grammar School sought to correct errors in the original application, by filing three amended Agreement pages. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Independent Education Union of Australia (Victoria Tasmania Branch) and the Australian Nursing & Midwifery Federation (Tasmanian Branch), being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 26 August 2020 and, notwithstanding clause 5 and in accordance with s.54, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Christ College Trust t/a Launceston Church Grammar School, the Full Bench of the Fair Work Commission considered an application for the approval of the Launceston Church Grammar School (General Staff) Enterprise Agreement 1 January 2020 - 31 December 2021. The application was made by the Christ College Trust, the employer, and the Independent Education Union of Australia, the employee representative, seeking the Fair Work Commission's endorsement of the enterprise agreement.

The legal issues before the court were whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was a "good faith" agreement, whether it provided for minimum entitlements, and whether it complied with the "better off overall test". The court was required to examine the terms and conditions of the agreement to determine whether it provided for fair and reasonable terms and conditions of employment for the affected employees.

The Full Bench of the Fair Work Commission found that the enterprise agreement was a good faith agreement that provided for minimum entitlements and complied with the better off overall test. The court noted that the agreement provided for fair and reasonable terms and conditions of employment for the affected employees, including provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. The court was satisfied that the agreement was in the best interests of the employees and approved the application for the agreement to be registered.

The Full Bench of the Fair Work Commission approved the application for the Launceston Church Grammar School (General Staff) Enterprise Agreement 1 January 2020 - 31 December 2021 to be registered. The court noted that the agreement provided for fair and reasonable terms and conditions of employment for the affected employees and that it was in their best interests. The agreement was registered on 28 September 2020, and it will be in effect until 31 December 2021.

Christ College Trust t/a Launceston Church Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established