Ipswich Girls' Grammar School Including Ipswich Junior Grammar School T/A Ipswich Girls' Grammar School

[2024] FWCA 3566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ipswich Girls’ Grammar School Including Ipswich Junior Grammar School T/A Ipswich Girls’ Grammar School

(AG2024/3512)

IPSWICH GIRLS’ GRAMMAR SCHOOL INCLUDING IPSWICH JUNIOR GRAMMAR SCHOOL COLLECTIVE AGREEMENT 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 11 OCTOBER 2024

Application for approval of the Ipswich Girls’ Grammar School Including Ipswich Junior Grammar School Collective Agreement 2024

Ipswich Girls’ Grammar School Including Ipswich Junior Grammar School T/A Ipswich Girls’ Grammar School (the Employer) has applied for approval of an enterprise agreement known as the Ipswich Girls’ Grammar School Including Ipswich Junior Grammar School Collective Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 May 2023 and the Agreement was made on 21 August 2024. Accordingly, the genuine agreement requirements are those applying before 6 June 2023 and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Independent Education Union of Australia (IEU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The IEU indicated it supported the undertakings offered by the Employer. No further views were received.

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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The IEU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Ipswich Girls' Grammar School, including the Ipswich Junior Grammar School, and their application for approval of the 2024 Collective Agreement. The school sought to have the agreement recognised as meeting the legal standards for fair and equitable employment terms. The legal issues before the court were focused on whether the agreement provided adequate protections for the employees, aligned with statutory requirements, and whether it was fairly negotiated. The Commission had to examine the contents of the agreement, the process of negotiation, and compliance with the relevant industrial relations laws.

The Commission carefully reviewed the provisions of the agreement to ensure it met the criteria for approval. This included assessing the fairness and reasonableness of the terms, the process of negotiation, and the agreement's alignment with statutory standards. The Commission also considered whether the agreement was made in good faith and whether it provided a fair balance of rights and obligations for both parties. In its decision, the Commission determined that the agreement adequately protected the rights and interests of the employees and was fairly negotiated. The Commission found that the agreement complied with all relevant industrial relations laws and met the statutory requirements for approval.

The Fair Work Commission approved the 2024 Collective Agreement for the Ipswich Girls' Grammar School, including the Ipswich Junior Grammar School. The Commission found that the agreement was fair and reasonable, providing adequate protections for the employees and meeting the statutory requirements. The Commission's decision was based on a thorough review of the agreement's contents, the negotiation process, and compliance with industrial relations laws. The approval of the agreement ensures that the terms of employment for the school's staff are legally sound and equitable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established