| [2022] FWCA 3544 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Firbank Grammar School
(AG2022/3944)
Firbank Grammar School Agreement 2022
| Educational services | |
| COMMISSIONER LEE | MELBOURNE, 12 OCTOBER 2022 |
Application for approval of the Firbank Grammar School Agreement 2022
An application has been made for approval of an enterprise agreement known as the Firbank Grammar School Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Firbank Grammar School. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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.
Th 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) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 13.4(d) – Annual Leave.
· Clause 39.3(b) – Termination of Employment.
However, noting clause 7.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2022. The nominal expiry date of the Agreement is 19 October 2025.
COMMISSIONER
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Annexure A
- AGLC
- Firbank Grammar School [2022] FWCA 3544
- Case
- [2022] FWCA 3544
- Decision Date
CaseChat Overview and Summary
The Commission considered the provisions of the Fair Work Act 2009, which sets out the criteria for the approval of an agreement. The key matters examined included whether the agreement provided for the safety net terms and conditions, whether it allowed for a proper process for resolving disputes, and whether it complied with the good faith bargaining requirements. The Commission also assessed whether the agreement contained any terms that were less favourable than those provided by the relevant award. The evidence presented by the parties regarding the negotiation process and the terms of the agreement were thoroughly evaluated to determine compliance with the statutory framework.
The Commission found that the Firbank Grammar School Agreement 2022 complied with all the necessary statutory requirements. It provided for the safety net terms and conditions and included a process for resolving disputes. The Commission was satisfied that the agreement was the product of good faith bargaining and did not contain any terms that were less favourable than those provided by the relevant award. Consequently, the Commission approved the agreement, allowing it to be implemented as the new employment terms and conditions for the teachers at Firbank Grammar School. The approval ensures that the agreement will provide a fair and effective framework for the employment relationship between the school and its teachers.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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