Geelong Grammar School

[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

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.

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.

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Geelong Grammar School, an independent boys' school, was the applicant in a proceeding in the Fair Work Commission seeking approval of a proposed enterprise agreement with its teaching staff. The dispute centred around the terms and conditions of employment, including remuneration, work hours, and other employment-related matters. The Commission, presided over by Deputy President B M Ryan, was tasked with determining whether the proposed agreement met the necessary legal standards for approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly whether it was a "better off overall test" agreement, meaning that the overall conditions for the employees should be no worse than the applicable awards or agreements. The Commission also needed to ensure that the agreement did not contain any provisions that were contrary to the public interest or that failed to provide for the proper administration of the agreement.

After thorough examination of the proposed agreement and submissions from both parties, the Commission found that the proposed agreement met all the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions for the employees, and it passed the better off overall test. The Commission concluded that the agreement was not contrary to the public interest and would be properly administered. Consequently, the Commission approved the proposed enterprise agreement.

The final order of the Commission was that the Geelong Grammar School (Teaching Staff) Enterprise Agreement 2023 be approved as a registered agreement under section 173 of the Fair Work Act 2009. This approval ensures that the terms and conditions set out in the agreement will govern the employment of the teaching staff at the school, providing a legally binding framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established