Lowther Hall Anglican Grammar School T/A Lowther Hall Anglican Grammar School

[2024] FWCA 24

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lowther Hall Anglican Grammar School T/A Lowther Hall Anglican Grammar School

(AG2023/5168)

LOWTHER HALL ANGLICAN GRAMMAR SCHOOL AGREEMENT 2024-2027

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 8 JANUARY 2024

Application for approval of the Lowther Hall Anglican Grammar School Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Lowther Hall Anglican Grammar School Agreement 2024-2027 (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 T/A Lowther Hall Anglican Grammar School. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 15 January 2024. The nominal expiry date of the Agreement is 31 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Lowther Hall Anglican Grammar School T/A Lowther Hall Anglican Grammar School, the matter before the court was the application for approval of the Lowther Hall Anglican Grammar School Agreement 2024-2027. The application was made under the relevant industrial relations legislation, seeking the court's endorsement of the proposed agreement which outlines the terms and conditions of employment for the school's employees over the specified period.

The central legal issues the court had to address pertained to whether the proposed agreement complied with the statutory requirements and whether it was in the best interests of the employees, given the balance between fairness and flexibility. The court needed to ensure that the agreement did not unjustifiably disadvantage employees, and that it provided for adequate mechanisms for dispute resolution and amendments.

The court carefully examined the provisions of the proposed agreement against the legislative framework, taking into account the principles of fairness, equality, and the protection of employee rights. The court found that the agreement was comprehensive and adhered to the necessary statutory provisions. It considered the input from stakeholders and the balance achieved between the interests of the school and its employees. Ultimately, the court concluded that the agreement was fair and reasonable, and approved it accordingly. The approval ensures that the terms and conditions of employment for the school's employees are legally binding and recognised.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established