Launceston Church Grammar School Summary

[2016] FWCA 369

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christ College Trust T/A Launceston Church Grammar School

(AG2015/7069)

LAUNCESTON CHURCH GRAMMAR SCHOOL (GENERAL STAFF)

ENTERPRISE AGREEMENT 1 MARCH 2016 - 28 FEBRUARY 2019

Tasmania

COMMISSIONER GREGORY

MELBOURNE, 19 JANUARY 2016

Application for approval of the Launceston Church Grammar School (General Staff)

Enterprise Agreement 1 March 2016 - 28 February 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Launceston Church Grammar School (General Staff) Enterprise Agreement 1 March 2016 –

28 February 2019 (the Agreement). The application was made pursuant to s.185 of the Fair

Work Act 2009 (the Act). It has been made by Christ College Trust T/A 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 and the Australian Nursing and

Midwifery Federation being bargaining representatives for the Agreement, have given notice

under s.183 of the Act that they want the Agreement to cover them. In accordance with

s.201(2) I note that the Agreement covers the organisations.
[2016] FWCA 369

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

26 January 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Launceston Church Grammar School, the Fair Work Commission was presented with an application for the approval of the Launceston Church Grammar School (General Staff) Enterprise Agreement 1 March 2016 - 28 February 2019. The application was submitted by Christ College Trust T/A Launceston Church Grammar School under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement designed to govern the terms and conditions of employment for the general staff of the school during the specified period.

The legal issues before the Commission centered on whether the application met all the necessary requirements under the Fair Work Act 2009, particularly those outlined in sections 186, 187, and 188. Additionally, the Commission needed to confirm if the Independent Education Union of Australia and the Australian Nursing and Midwifery Federation, who were the bargaining representatives for the agreement, had properly indicated their desire for the agreement to cover them. The Commission also had to verify if the agreement indeed covered the organisations as per section 201(2) of the Act.

Upon reviewing the application and the relevant sections of the Act, Commissioner Gregory determined that all statutory requirements for approval had been fulfilled. The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation had correctly notified their intention for the agreement to cover them, and the agreement itself was found to cover the relevant organisations. Consequently, the Commission approved the Launceston Church Grammar School (General Staff) Enterprise Agreement, which will operate from 26 January 2016, with a nominal expiry date of 28 February 2019.

Launceston Church Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established