Girton Grammar School

[2017] FWCA 6081

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Girton Grammar School

(AG2017/3909)

Girton Grammar School Bendigo Enterprise Agreement 2017 - 2020

Educational services
Deputy President Masson	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Girton Grammar School Bendigo Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Girton Grammar School Bendigo Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Girton Grammar School. The Agreement is a single enterprise agreement.

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 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 24 November 2017. The nominal expiry date of the Agreement is 24 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Girton Grammar School brought an application before the Fair Work Commission, seeking approval of an Enterprise Agreement dated 2017 to 2020. The agreement was between the school and various employee groups, including teachers, support staff, and non-teaching staff. The applicants argued that the proposed agreement contained necessary provisions to address current employment practices and future needs, ensuring compliance with applicable laws and maintaining fair and reasonable terms for both parties.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the requirements of the Act. Additionally, the court had to consider whether the agreement was free from any provisions that might be considered contrary to public policy or unfair to any party.

In its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission held that the terms of the agreement were fair and reasonable, taking into account the specific needs and circumstances of the school and its employees. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or unfair to any party. Consequently, the application for approval was granted, and the Enterprise Agreement was approved for the specified period.

As a result of the court's decision, the Girton Grammar School Bendigo Enterprise Agreement 2017 to 2020 was approved, and the agreement was to be implemented as per its terms. The employees covered by the agreement would be bound by the terms and conditions set out in the agreement, and the school would be required to adhere to the provisions of the agreement in its dealings with the employees.

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