DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston Church Grammar School
(AG2015/4991)

LAUNCESTON CHURCH GRAMMAR SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 1 MARCH 2015 - 28 FEBRUARY 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 25 SEPTEMBER 2015

Application for approval of the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 March 2015 - 28 February 2018.

[1] An application has been made for approval of an enterprise agreement known as the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 March 2015 - 28 February 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Launceston Church Grammar School. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Launceston Church Grammar School applied to the Fair Work Commission for approval of an Enterprise Agreement with its teachers. The school, a private, non-denominational institution, sought to formalise the terms and conditions of employment for its teaching staff. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement was fair and reasonable, taking into account various factors such as the needs of the school, the nature of the work, and the interests of the employees.

The primary legal issue was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act. This involved assessing the agreement against specific statutory criteria, including whether it provided for fair and reasonable terms and conditions, and whether it facilitated a productive workplace relationship. The Commission also had to consider submissions from the school, the teachers' union, and any other interested parties. Additionally, the court needed to ensure that the agreement did not undermine the ability of employees to exercise their workplace rights or engage in industrial action.

The Fair Work Commission found that the proposed Enterprise Agreement was fair and reasonable. The agreement included provisions that were beneficial to both the school and the teachers, addressing issues such as wages, working conditions, and dispute resolution mechanisms. The Commission took into account the specific circumstances of the school, its financial position, and the broader educational environment. The agreement was deemed to facilitate a productive workplace relationship and did not prejudice the ability of employees to exercise their workplace rights. The Commission concluded that the agreement met all the necessary criteria for approval.

The Fair Work Commission approved the Enterprise Agreement, allowing it to be registered and enforced. The agreement was to be in effect from 1 March 2015 to 28 February 2018, providing a period of stability and predictability for both the school and the teachers. The decision ensured that the terms and conditions of employment were clearly defined, and that there was a framework for resolving any future disputes that might arise.

Launceston Church 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