DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Valley Grammar School Ltd T/A Goulburn Valley Grammar School
(AG2016/3139)

GOULBURN VALLEY GRAMMAR SCHOOL TEACHERS AGREEMENT 2016-2018

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JUNE 2016

Application for approval of the Goulburn Valley Grammar School Teachers Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Valley Grammar School Teachers Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Valley Grammar School Ltd T/A Goulburn Valley Grammar School. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 June 2016 and, in accordance with s.54, will operate from 22 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Goulburn Valley Grammar School Limited T/A Goulburn Valley Grammar School, sought approval of the Goulburn Valley Grammar School Teachers Agreement 2016-2018, which was submitted to the Fair Work Commission for consideration. The application arose from a need to regulate employment conditions for teachers within the school. The Commission was tasked with determining whether the proposed agreement met the requirements under the Fair Work Act 2009, ensuring it provided for minimum entitlements, was free from prohibited content, and was appropriately certified by relevant authorities. The decision was rendered by the Fair Work Commission, a body established under the Fair Work Act with jurisdiction over employment disputes and agreements.

The legal issues before the Commission centred on whether the proposed teachers' agreement was consistent with the Fair Work Act and the Fair Work Regulations. This involved examining whether the agreement adequately provided for minimum entitlements, such as wages and leave provisions, and whether it contained any content that was prohibited under the Act. Additionally, the Commission needed to assess whether the agreement had been certified in the manner prescribed by the regulations and whether it was in the best interest of the employees. The Commission's decision was influenced by statutory provisions and precedents set in similar cases.

In delivering the decision, the Commission found that the Goulburn Valley Grammar School Teachers Agreement 2016-2018 satisfied all necessary requirements under the Fair Work Act. The agreement provided for minimum entitlements and was free from prohibited content. The certification process had been correctly followed, and the agreement was deemed to be in the best interests of the employees. Consequently, the Commission approved the agreement, ensuring that it would govern the employment conditions of teachers within the school for the specified period. The approval was a result of the agreement meeting all legislative criteria and being beneficial to the parties involved.

Goulburn Valley Grammar School Ltd T/A Goulburn Valley Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established