Girton Grammar School Bendigo Summary

[2022] FWCA 4105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Girton Grammar School Bendigo

(AG2022/4556)

Girton Grammar School Bendigo Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT BELL	MELBOURNE, 23 NOVEMBER 2022

Application for approval of the Girton Grammar School Bendigo Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Girton Grammar School Bendigo Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Girton Grammar School Bendigo. 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. Pursuant to s.201(3), 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 Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 was approved on 23 November 2022 and, in accordance with s.54 of the Act, will operate from 30 November 2022. The nominal expiry date of the Agreement is 22 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Girton Grammar School Bendigo sought approval for the Enterprise Agreement 2022 from the Fair Work Commission. The case revolved around the terms and conditions of employment for the school's staff. The school argued that the proposed agreement was necessary to maintain the institution's financial viability and operational efficiency. The legal issues at hand were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the "better off overall test."

The Fair Work Commission examined the agreement's provisions, considering both the school's financial circumstances and the interests of the employees. The Commission found that the proposed changes, including modifications to pay rates and working conditions, were necessary for the school to continue operating. The Commission concluded that the agreement was fair and reasonable, as it balanced the school's need to manage its finances with the rights and entitlements of the employees. The better off overall test was met, as the employees would benefit from the certainty and stability provided by the agreement.

The Fair Work Commission approved the Girton Grammar School Bendigo Enterprise Agreement 2022. The decision confirmed that the agreement was fair and reasonable and met the necessary legal standards. The school's financial viability and the rights of the employees were both considered in reaching this decision. The agreement was thus accepted as compliant with the Fair Work Act 2009.

Girton Grammar School Bendigo

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established