DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kilvington Grammar School Limited T/A Kilvington Grammar School
(AG2020/3709)

KILVINGTON GRAMMAR SCHOOL AGREEMENT 2020

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 JANUARY 2021

Application for approval of the Kilvington Grammar School Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Kilvington Grammar School Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kilvington Grammar School Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 21 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020,and the Educational Services (Schools) General Staff Award 2020 respectfully), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2021. The nominal expiry date of the Agreement is 7 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Kilvington Grammar School Agreement 2020. The applicant, Kilvington Grammar School Limited, sought approval of the agreement which aimed to establish the terms of employment for its employees. The case was heard by the Fair Work Commission, an independent statutory tribunal with the authority to make decisions on workplace relations matters.

The legal issues before the Commission were whether the agreement complied with the necessary legal requirements and whether it was in the best interests of the employees. This involved examining whether the agreement met the criteria set out in the Fair Work Act 2009, such as providing a safety net of minimum terms and conditions, and whether it was a genuine enterprise agreement. Additionally, the Commission needed to consider whether the agreement provided fair and reasonable terms for the employees.

The Fair Work Commission found that the Kilvington Grammar School Agreement 2020 met the necessary legal requirements and was a genuine enterprise agreement. The Commission noted that the agreement provided a safety net of minimum terms and conditions, and that it had been negotiated in good faith. The Commission also found that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work and the circumstances of the school. As such, the Commission approved the agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Kilvington Grammar School Agreement 2020, effective from 1 July 2020. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission. The school was required to take all necessary steps to ensure that the agreement was brought to the attention of all affected employees, and that they were given an opportunity to seek clarification or advice about the agreement. The approval marked the end of the legal process, providing certainty and stability for the school and its employees.

Kilvington Grammar School Limited T/A Kilvington 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