Geelong Grammar School

[2016] FWCA 537

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geelong Grammar School

(AG2015/7678)

GEELONG GRAMMAR SCHOOL (TEACHING STAFF) ENTERPRISE

AGREEMENT 2016

Educational services

COMMISSIONER ROE

MELBOURNE, 28 JANUARY 2016

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

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Geelong Grammar School (Teaching Staff) Enterprise Agreement 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by the Geelong Grammar School. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.
[2016] FWCA 537

[4] The Agreement was approved on 28 January 2016 and, in accordance with s.54, will

operate from 4 February 2016. The nominal expiry date of the Agreement is 16 December

2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Geelong Grammar School (Teaching Staff) Enterprise Agreement 2016, the applicant, Geelong Grammar School, sought approval of an enterprise agreement concerning its teaching staff. The application was made under section 185 of the Fair Work Act 2009, and the agreement in question was the Geelong Grammar School (Teaching Staff) Enterprise Agreement 2016. The central issue before the court was whether the requirements of sections 186, 187, and 188 of the Act were satisfied, particularly in relation to the selection of employees to be covered by the agreement.

The court found that the requirements of sections 186, 187, and 188 were met, and that the selection of employees was fair, considering the factors outlined in section 186(3) and (3A). The court also noted that the Independent Education Union of Australia, a bargaining representative for the agreement, had indicated its desire for the agreement to cover its members, as required by section 201(2) of the Act. The court concluded that the agreement indeed covered the organisation.

In light of these findings, the court approved the Geelong Grammar School (Teaching Staff) Enterprise Agreement 2016, in accordance with section 185 of the Fair Work Act 2009. The agreement was set to operate from 4 February 2016 and was set to expire on 16 December 2019. The court's approval marked the end of the application process, and the agreement was now in effect for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established