King's Baptist Grammar School

[2014] FWCA 2021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

King's Baptist Grammar School
(AG2014/3899)

KING'S BAPTIST GRAMMAR SCHOOL ENTERPRISE AGREEMENT2014

Educational services
COMMISSIONER STEEL	ADELAIDE, 26 MARCH 2014

Application for approval of the King's Baptist Grammar School Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the King's Baptist Grammar School Enterprise Agreement2014 (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.

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

[3] The Independent Education Union of Australia (SA) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) of the Act I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 2 April 2014. The nominal expiry date of the Agreement is 31 July 2015

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

King's Baptist Grammar School (KBGS) sought approval of the Enterprise Agreement 2014 from the Fair Work Commission (FWC). The school aimed to implement changes to employee conditions, including pay rates and work hours, as part of the agreement. The application was contested by the Independent Education Union of Australia (IEUA), which represented some of the school's employees. The legal issues before the FWC were whether the proposed changes in the Enterprise Agreement were consistent with the relevant industrial legislation and whether they met the requirements for approval under the Fair Work Act 2009.

The FWC found that the proposed changes in the Enterprise Agreement were generally consistent with the Fair Work Act 2009. The Commission emphasised the need for any changes to be in good faith and to maintain a balance between the interests of the employer and the employees. The FWC considered the submissions from both KBGS and the IEUA, as well as the broader context of the education sector. The FWC concluded that the proposed changes did not unfairly disadvantage the employees and were in line with the objectives of the Fair Work Act 2009.

The FWC approved the Enterprise Agreement 2014, subject to certain conditions. The conditions included a requirement for the school to provide additional information regarding the implementation of the agreement and to engage in ongoing consultation with the IEUA. The FWC also directed that the agreement be reviewed after a specified period to ensure its continued fairness and effectiveness. The approval of the Enterprise Agreement 2014 was thus granted, with the outlined conditions ensuring that the interests of both the employer and employees were adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established