DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lowther Hall Anglican Grammar School
(AG2019/4870)

LOWTHER HALL ANGLICAN GRAMMAR SCHOOL AGREEMENT 2020 - 2023

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JANUARY 2020

Application for approval of the Lowther Hall Anglican Grammar School Agreement 2020 - 2023

[1] Lowther Hall Anglican Grammar School has made an application for approval of an enterprise agreement known as the Lowther Hall Anglican Grammar School Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[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 was approved on 14 January 2020 and, in accordance with s 54, will operate from 21 January 2020. The nominal expiry date of the Agreement is 14 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lowther Hall Anglican Grammar School, sought approval of the Lowther Hall Anglican Grammar School Agreement 2020 - 2023 from the Fair Work Commission. The agreement, which was intended to govern the employment terms of the school's teaching and non-teaching staff, was contested by the Australian Education Union, which raised objections to certain provisions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement provided for a fair and reasonable manner of determining the terms and conditions of employment, and whether it was consistent with the objects of the Act. Additionally, the Commission had to consider whether the agreement adequately protected the rights of employees and whether it met the procedural fairness requirements.

In determining the application, the Commission examined the provisions of the agreement and the objections raised by the union. The Commission found that, while some of the union's concerns were valid, the overall agreement provided for a fair and reasonable manner of determining the terms and conditions of employment. The Commission also found that the agreement was consistent with the objects of the Act and adequately protected the rights of employees. Further, the Commission concluded that the procedural fairness requirements were met. Accordingly, the Commission approved the agreement, subject to certain conditions.

The final orders of the Commission included the approval of the Lowther Hall Anglican Grammar School Agreement 2020 - 2023, with the conditions that the school must provide the union with certain information and that the agreement must be implemented in accordance with the Act. The union's objections were largely dismissed, and the agreement was deemed to be in the best interests of the employees and the school.

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