King's Baptist Grammar School Inc. T/A King's Baptist Grammar School Summary

[2024] FWCA 1595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

King’s Baptist Grammar School Inc. T/A King’s Baptist Grammar School

(AG2024/1237)

KING’S BAPTIST GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 1 MAY 2024

Application for approval of the King’s Baptist Grammar School Enterprise Agreement 2024.

King’s Baptist Grammar School Inc. T/A King’s Baptist Grammar School (the Employer) has made an application for approval of an enterprise agreement known as the King’s Baptist Grammar School Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. Question 18 of the Form F17A provides that the notification time for the Agreement was 5 August 2022.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 26.2 of the Form F17A provides that the Agreement was made on 9 April 2024.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 1 May 2024 and, in accordance with s.54, will operate from 8 May 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the King's Baptist Grammar School Inc. T/A King's Baptist Grammar School applied for the approval of their 2024 Enterprise Agreement. The application was made under the Fair Work Act 2009, and the dispute centred around the terms and conditions of employment for the school's staff, including teachers and administrative personnel. The school sought to establish a new agreement that would govern various aspects of their employees' working conditions.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for an enterprise agreement, including the need for it to be in writing, to provide for a fair and reasonable method of determining wages and other conditions of employment, and to not discriminate against employees on the basis of gender, race, or other protected characteristics. Additionally, the Commission had to consider if the agreement provided for procedural fairness and if it aligned with the overarching principles of the Fair Work Act.

After considering the submissions from both the school and the relevant unions, the Commission found that the proposed agreement complied with the statutory requirements. The agreement was deemed to be fair and reasonable, providing for a transparent method of determining wages and conditions, and it did not contain any discriminatory provisions. Furthermore, the agreement ensured procedural fairness by including appropriate consultation and negotiation processes. The Commission approved the agreement, recognising it as a fair and reasonable method for determining the terms and conditions of employment for the school's staff.

The Commission's decision was based on the comprehensive analysis of the agreement's provisions and the submissions presented by both parties. The approval of the agreement means that the terms and conditions set out in the 2024 Enterprise Agreement will now govern the employment of the school's staff.

King's Baptist Grammar School Inc. T/A King's Baptist Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established