DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Grammar School
(AG2020/3899)

GEELONG GRAMMAR SCHOOL (TEACHING STAFF) ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2021

Application for approval of the Geelong Grammar School (Teaching Staff) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Grammar School (Teaching Staff) Enterprise Agreement 2020 (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.

[2] 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 27.2 – Substitution of public holidays.

However, noting the written undertakings provided by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2021. The nominal expiry date of the Agreement is 14 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Anneure A

CaseChat Overview and Summary

Geelong Grammar School applied for approval of the Geelong Grammar School (Teaching Staff) Enterprise Agreement 2020. The application was heard by the Fair Work Commission, with the decision made by Deputy President R J S Martin. The nature of the dispute was the approval of a new enterprise agreement that was negotiated between the school and the teachers' union, the Australian Education Union.

The primary legal issue for the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fairly negotiated and if it contained the necessary minimum terms and conditions of employment. The Commission also needed to assess if the agreement was in the best interests of the employees and the school, and if it complied with the relevant provisions of the Fair Work Act.

The Commission considered the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the impact on the employees and the school. The Commission concluded that the agreement was fairly negotiated and contained the necessary minimum terms and conditions of employment. The Commission also found that the agreement was in the best interests of the employees and the school and complied with the relevant provisions of the Fair Work Act. As such, the Commission approved the Geelong Grammar School (Teaching Staff) Enterprise Agreement 2020.

Geelong 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