DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lowther Hall Anglican Grammar School
(AG2016/7782)

LOWTHER HALL ANGLICAN GRAMMAR SCHOOL AGREEMENT 2017-2019

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 9 MARCH 2017

Application for approval of the Lowther Hall Anglican Grammar School Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Lowther Hall Anglican Grammar School Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lowther Hall Anglican Grammar School. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the School Employee Relations (Victoria) Act 2012, Lowther Hall Anglican Grammar School sought approval for the Lowther Hall Anglican Grammar School Agreement 2017-2019. The applicant, the school, was represented by a legal practitioner, while the respondents, including the teachers and the Department of Education, were represented by another. The dispute centred on the terms and conditions of employment for teachers within the school.

The primary legal issue before the court was whether the agreement complied with the relevant legislative provisions, particularly the School Employee Relations Act. The court had to determine whether the terms and conditions outlined in the agreement were fair and reasonable and whether they met the statutory requirements for approval. This included examining the process by which the agreement was negotiated and the extent to which it provided for fair and effective dispute resolution mechanisms.

The court examined the negotiation process and the terms of the agreement itself. It considered the fairness of the terms, including remuneration, workload, and conditions of employment. The court also evaluated the dispute resolution mechanisms provided in the agreement. Ultimately, the court found that the agreement was compliant with the statutory requirements, as it had been negotiated in good faith and provided for fair and effective dispute resolution. The court approved the agreement, noting the satisfactory nature of the terms and conditions negotiated.

Lowther Hall Anglican 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