Melbourne Girls Grammar – an Anglican School T/A Melbourne Girls Grammar - [2023] FWCA 1458

[2023] FWCA 1458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Melbourne Girls Grammar – an Anglican School T/A Melbourne Girls Grammar

(AG2023/1356)

MELBOURNE GIRLS GRAMMAR ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT WRIGHT	SYDNEY, 19 MAY 2023

Application for approval of the Melbourne Girls Grammar Enterprise Agreement 2023

Introduction

Melbourne Girls Grammar – an Anglican School T/A Melbourne Girls Grammar (the Employer) has made an application for approval of an enterprise agreement known as the Melbourne Girls Grammar Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Independent Education Union of Australia (IEU), 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 IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2023. The nominal expiry date of the Agreement is 31 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Melbourne Girls Grammar School, an Anglican institution, seeking approval for the Enterprise Agreement 2023. The application was lodged by the employer, and the union representing the employees contested certain aspects of the proposed agreement. The crux of the dispute lay in the interpretation and application of relevant industrial relations laws, specifically addressing the terms and conditions of employment for the school's staff.

The legal issues before the Commission were whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009. This included an examination of whether the agreement provided for minimum entitlements, dealt with pay rates and conditions fairly, and adhered to the principles of good faith bargaining. The union argued that some provisions of the agreement did not meet these standards, particularly concerning the distribution of duties and the adequacy of the proposed pay scales.

The Fair Work Commission found that while the majority of the proposed agreement was in line with the statutory requirements, certain provisions did not adequately protect the rights of the employees. The Commission noted that the agreement needed to be more specific in detailing the distribution of duties among staff and ensuring that pay rates were fair and commensurate with the responsibilities assigned. After making some adjustments to the agreement to address these concerns, the Commission approved the Enterprise Agreement 2023, subject to the modifications. This decision ensured that the agreement met the necessary legal standards and provided a fair framework for the employment of staff at the school.

Melbourne Girls Grammar – an Anglican School T/A Melbourne Girls Grammar

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established