Gippsland Grammar

[2022] FWCA 4169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gippsland Grammar

(AG2022/4678)

Gippsland Grammar Enterprise Agreement2022

Educational services
COMMISSIONER WILSON	MELBOURNE, 28 NOVEMBER 2022

Application for approval of the Gippsland Grammar Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Gippsland Grammar Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland Grammar. 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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Gippsland Grammar Inc sought approval of the Gippsland Grammar Enterprise Agreement 2022. The respondents to the application were the Victorian Secondary Teachers’ Association and the Australian Education Union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including that it facilitate the efficient operation of the school, be free from coercion and undue influence, and provide for the proper management of the school. The Commission was required to consider whether the agreement complied with these criteria and whether the process by which it was negotiated and agreed to was fair and appropriate.

The Commission found that the agreement did facilitate the efficient operation of the school, and that there was no evidence of coercion or undue influence. The school had demonstrated that the agreement was necessary to ensure the financial sustainability of the school, and that it provided for the proper management of the school. The Commission also found that the process by which the agreement was negotiated and agreed to was fair and appropriate, and that the agreement was therefore approved.

The Commission approved the Gippsland Grammar Enterprise Agreement 2022, subject to certain conditions. The agreement will now apply to the employees of Gippsland Grammar Inc, and will provide the basis for their employment terms and conditions. The parties will be bound by the agreement, and any disputes arising from it will be resolved in accordance with the procedures set out in the agreement. The approval of the agreement is an important step in ensuring the financial sustainability of the school, and will allow it to continue to provide high-quality education to its students.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established