Geelong Grammar School

[2023] FWCA 2283

[2023] FWCA 2283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Geelong Grammar School

(AG2023/2198)

APPLICATION FOR APPROVAL OF THE GEELONG GRAMMAR SCHOOL (TEACHING STAFF) ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER JOHNS	MELBOURNE, 24 JULY 2023

Application for approval of the Geelong Grammar School (Teaching Staff) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the GEELONG GRAMMAR SCHOOL (TEACHING STAFF) ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Grammar School. The Agreement is a single enterprise agreement.

1. 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.

1. However, an assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES).  In particular, terms relating to:

a)clause 13.4: Redundancy,

b)clause 27.2: Public holidays.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

1. Because of the undertaking proffered by the employer, there is a clause that gives precedence to the NES over the Agreement to the extent the Agreement contains less favourable terms.

1. Noting the NES precedence clause, to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. 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.

1. 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2023. The nominal expiry date of the Agreement is 23 July 2026.

COMMISSIONER

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Annexure A