DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ipswich Girls’ Grammar School T/A Ipswich Girls’ Grammar School including Ipswich Junior Grammar School
(AG2021/4652)

IPSWICH GIRLS’ GRAMMAR SCHOOL INCLUDING IPSWICH JUNIOR GRAMMAR SCHOOL COLLECTIVE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 MAY 2021

Application for approval of the Ipswich Girls’ Grammar School including Ipswich Junior Grammar School Collective Agreement 2021.

[1] Ipswich Girls’ Grammar School T/A Ipswich Girls’ Grammar School including Ipswich Junior Grammar School (the Employer) has made an application for approval of an enterprise agreement known as the Ipswich Girls’ Grammar School including Ipswich Junior Grammar School Collective Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] I observe that clauses 4.5.3, 4.12 and 8.2.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7.2 of the Agreement and the undertaking referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 17 May 2021 and, in accordance with s 54, will operate from 24 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Ipswich Girls’ Grammar School T/A Ipswich Girls’ Grammar School including Ipswich Junior Grammar School and the Queensland Teachers’ Union. The dispute centered on the approval of the Ipswich Girls’ Grammar School including Ipswich Junior Grammar School Collective Agreement 2021. The application for approval of this collective agreement was heard by the Fair Work Commission.

The primary legal issue before the court was whether the collective agreement in question met all the necessary requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement was not contrary to public policy, did not discriminate on prohibited grounds, and complied with all relevant industrial instruments. Additionally, the court needed to determine if the agreement provided a fair and reasonable balance between the interests of the employer and the employees.

In delivering the decision, the Fair Work Commission noted that the collective agreement generally adhered to the statutory requirements. The Commission found that the agreement did not contain any provisions that were contrary to public policy or discriminatory. Furthermore, it was determined that the agreement provided a fair and reasonable balance between the interests of the school and the teachers. Consequently, the Commission approved the collective agreement. The court emphasized the importance of maintaining a harmonious and cooperative relationship between the school and its teaching staff, which was well-reflected in the terms of the agreement.

The final orders of the Fair Work Commission were that the Ipswich Girls’ Grammar School including Ipswich Junior Grammar School Collective Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with effect from the date of the Commission’s decision, ensuring that it would govern the employment conditions of the teachers at the school moving forward.

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