DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King’s Baptist Grammar School Inc
(AG2019/951)

KING’S BAPTIST GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER PLATT	ADELAIDE, 8 MAY 2019

Application for approval of the King’s Baptist Grammar School Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the King’s Baptist Grammar School Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by King’s Baptist Grammar School Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 April 2019.

[3] My Chambers contacted the Applicant by email on 7 May 2019 to advise that Agreement’s signature page did not comply with Fair Work Regulations 2009. The Applicant filed an amended signature page that same day.

[4] The “Independent Education Union of Australia (IEU)”, 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) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involves King’s Baptist Grammar School Inc, which applied for the approval of the King’s Baptist Grammar School Enterprise Agreement 2018. The application was heard in the Fair Work Commission, which is responsible for approving enterprise agreements to ensure they meet certain standards and protections for employees. The primary dispute centred around whether the agreement complied with the relevant legislative requirements and whether it was fair and reasonable for the employees involved.

The court was tasked with examining several legal issues, including whether the agreement provided for fair terms and conditions of employment, whether it complied with the prescribed minimum entitlements outlined in the Fair Work Act 2009, and whether it was appropriately negotiated. Furthermore, the court had to determine whether any terms in the agreement unfairly disadvantaged any group of employees and whether the agreement contained adequate dispute resolution mechanisms.

The Fair Work Commission assessed the agreement against the statutory criteria set out in the Fair Work Act 2009. The Commission found that the agreement generally met the legal requirements, providing fair terms and conditions for the employees. It also confirmed that the agreement was negotiated in good faith and contained appropriate dispute resolution provisions. The Commission approved the agreement, noting minor amendments were necessary to address specific concerns but did not fundamentally alter the agreement's fairness.

The final orders included the approval of the King’s Baptist Grammar School Enterprise Agreement 2018, with the aforementioned minor amendments to be made by the parties. The Commission directed that these changes be implemented within a specified timeframe to ensure compliance with the Fair Work Act 2009. The decision provides clarity for the parties involved, ensuring the agreement is legally sound and fair for all employees.

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