DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King’s Baptist Grammar School Inc
(AG2015/7634)

KING’S BAPTIST GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2016

Application for approval of the King’s Baptist Grammar School Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the King’s Baptist Grammar School Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by King’s Baptist Grammar School Inc. The Agreement is a single enterprise agreement.

[2] 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, King’s Baptist Grammar School Inc applied for the approval of the King’s Baptist Grammar School Enterprise Agreement 2015. The application was made by the employer under section 232 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the school’s staff, including wages, working hours, and leave entitlements, as stipulated in the proposed agreement.

The legal issues before the court involved whether the proposed agreement met the statutory requirements under the Fair Work Act. Specifically, the court had to determine if the agreement provided for a minimum rate of pay, reasonable working hours, and adequate leave provisions in compliance with the Act. Furthermore, the court examined whether the agreement was made in good faith and if it was fair and reasonable in all its aspects.

The Fair Work Commission found that the proposed agreement did not comply with the statutory minimum standards for casual employees’ pay rates. The agreement provided for a lower hourly rate for casual employees than the applicable minimum award rate. This non-compliance was a significant factor in the court’s decision. The court also noted that while the agreement contained other provisions that met the requirements of the Act, the failure to adhere to the minimum pay standards was sufficient grounds to refuse approval of the agreement. Consequently, the application for approval was dismissed.

King’s Baptist Grammar School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established