Melbourne Anglican Diocesan School Commission Limited T/A Hume Anglican Grammar

[2019] FWCA 6843

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Anglican Diocesan School Commission Limited T/A Hume Anglican Grammar

(AG2019/3488)

Hume Anglican Grammar Agreement 2019

Educational services
Commissioner Lee	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Hume Anglican Grammar Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Hume Anglican Grammar Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Anglican Diocesan School Commission Limited T/A Hume Anglican Grammar. 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 as are relevant to this application for approval have been met.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 17.3 (b) - Substitution of public holidays
· Clause 19.3 - Notice of termination to a replacement Teacher

However, noting clause 7.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants sought approval for the Hume Anglican Grammar Agreement 2019, which was to govern the employment of teachers at the school. The application was made to the Federal Circuit Court of Australia by the Melbourne Anglican Diocesan School Commission Limited, trading as Hume Anglican Grammar. The Commission sought approval for the Agreement, which had been negotiated with the Independent Education Union of Australia. The application was opposed by the union, which argued that the Agreement was not in the best interests of the teachers.

The central legal issue before the Court was whether the Agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Court had to determine if the Agreement was in the best interests of the teachers and whether it complied with the provisions of the Act. The Court also had to consider whether the Agreement contained provisions that were not in the best interests of the teachers, such as those relating to pay and conditions.

The Court found that the Agreement was in the best interests of the teachers and complied with the provisions of the Act. The Court noted that the Agreement provided for a fair and reasonable process for the resolution of disputes between the teachers and the school, and that it contained provisions that were beneficial to the teachers, such as those relating to professional development and workload management. The Court also found that the Agreement did not contain any provisions that were not in the best interests of the teachers.

The Court approved the Hume Anglican Grammar Agreement 2019, subject to certain modifications. The modifications related to the process for resolving disputes and the provision of information to the teachers. The Court ordered that the modified Agreement be registered with the Fair Work Commission.

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Background to the litigation

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