DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firbank Grammar School
(AG2015/4902)

FIRBANK GRAMMAR SCHOOL AGREEMENT 2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 1 OCTOBER 2015

Application for approval of the Firbank Grammar School Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Firbank Grammar School Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Firbank Grammar School. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (IEU), 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2015. The nominal expiry date of the Agreement is four years from the operative date.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application to the Federal Circuit Court for approval of the Firbank Grammar School Agreement 2015. This agreement was proposed as a means of regulating the employment terms and conditions for the teaching staff at the school. The dispute arose from differing views between the school administration and the teachers' union regarding the provisions of the agreement, particularly those concerning work hours, pay rates, and conditions of employment. The court was tasked with determining whether the agreement met the statutory requirements set out in the Fair Work Act 2009.

The primary legal issues before the court included whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it contained the necessary provisions required by the Act. Additionally, the court had to consider if the agreement was consistent with the principles of the national workplace relations system and if it provided for the resolution of any future disputes. The court's role was to ensure that the agreement was fair and reasonable, and that it did not undermine the rights and protections afforded to employees under the national system.

After examining the evidence and submissions from both parties, the court found that the Firbank Grammar School Agreement 2015 was indeed a genuine enterprise agreement. It concluded that the agreement was made in good faith and contained all the necessary provisions required by the Act. The court was satisfied that the agreement was fair and reasonable, and that it did not undermine the rights and protections of the employees. Consequently, the court approved the agreement, determining that it met the statutory requirements and was consistent with the principles of the national workplace relations system. The final orders of the court included the approval of the agreement and the setting aside of any previous orders that were inconsistent with the approval.

Firbank Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established