Gippsland Grammar

[2018] FWCA 7555

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Gippsland Grammar

(AG2018/2216)

Gippsland Grammar Enterprise Agreement 2018

Educational services
Commissioner Gregory	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Gippsland Grammar Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Gippsland Grammar Enterprise Agreement 2018 (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.

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 19 December 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Gippsland Grammar Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which is the body responsible for regulating and approving enterprise agreements under Australian labour law. The agreement in question was between Gippsland Grammar, an independent school, and its employees, which included teachers and support staff. The nature of the dispute centred on whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it provided adequate protections for the employees.

The legal issues before the Commission were whether the proposed agreement met the specific criteria for approval under the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was free from provisions that would be contrary to public policy or undermine the protections provided by the Act. The Commission also had to consider whether the agreement was negotiated in good faith and whether it provided adequate mechanisms for resolving disputes between the parties. The fairness and equity of the agreement's terms were also scrutinised, particularly in relation to the compensation and benefits provided to the employees.

In delivering its decision, the Commission found that the proposed agreement did meet the statutory criteria for approval. It determined that the agreement was negotiated in good faith and provided for minimum terms and conditions that were not contrary to public policy. The Commission noted that the agreement contained provisions for resolving disputes and provided adequate protections for the employees, including provisions for fair compensation and benefits. The Commission also found that the agreement was equitable and provided for a reasonable balance of interests between the parties. Based on these findings, the Commission approved the Gippsland Grammar Enterprise Agreement 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established