DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ College Trust t/a Launceston Church Grammar School
(AG2020/2025)

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

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2020

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

[1] Christ College Trust t/a Launceston Church Grammar School has made an application for approval of an enterprise agreement known as the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2020 - 31 December 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 July 2020 and, in accordance with s 54, will operate from 30 July 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Launceston Church Grammar School, trading as Christ College Trust, applied for approval of their teachers' enterprise agreement for the period from 1 January 2020 to 31 December 2021. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the enterprise agreement complied with the Fair Work Act 2009 and was therefore eligible for approval.

The court considered whether the agreement met the criteria for approval, including whether it provided for minimum rates of pay, reasonable working hours, and adequate leave entitlements. The court also examined whether the agreement contained any provisions that were contrary to public policy or were otherwise unlawful. The parties presented arguments and evidence on these issues, and the court assessed the agreement against the relevant legal standards.

After reviewing the evidence and considering the arguments, the court determined that the enterprise agreement met the necessary criteria for approval. The court found that the agreement provided for minimum rates of pay, reasonable working hours, and adequate leave entitlements, and that it did not contain any unlawful provisions. Accordingly, the court approved the enterprise agreement for the specified period.

The court's final order was that the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2020 - 31 December 2021 be approved in accordance with section 232 of the Fair Work Act 2009. The agreement was therefore authorised to come into effect from the specified date and to remain in force until the end of the specified period.

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