DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Girls Grammar – an Anglican School T/A Melbourne Girls Grammar
(AG2020/1904)

MELBOURNE GIRLS GRAMMAR ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 7 AUGUST 2020

Application for approval of the Melbourne Girls Grammar Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Girls Grammar Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Girls Grammar – an Anglican School T/A Melbourne Girls Grammar. 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, 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.

[4] I observe that clause 9.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 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.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 14 August 2020. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne Girls Grammar, an Anglican School trading as Melbourne Girls Grammar, applied to the Fair Work Commission for approval of the Melbourne Girls Grammar Enterprise Agreement 2020. The school argued that the agreement was necessary to enhance its financial stability, particularly given the effects of the COVID-19 pandemic. The Australian Education Union (Vic) Branch sought to intervene on behalf of its members, the teachers employed by the school.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including the need to ensure it was not less favourable than the applicable award or registered agreement, and whether the agreement facilitated a sustainable and fair workplace. The school contended that the proposed agreement was necessary for its financial sustainability, while the Union argued that it would negatively impact the teachers' working conditions and entitlements.

The Commission found that the proposed agreement met the statutory requirements and was not less favourable than the applicable award. The Commission considered the school's financial circumstances, particularly the significant impact of the COVID-19 pandemic, and concluded that the agreement was necessary to ensure the school's ongoing viability. The Commission also found that the agreement provided for a reasonable balance between the school's needs and the interests of the teachers. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with minimum entitlements under the applicable award.

The Fair Work Commission approved the Melbourne Girls Grammar Enterprise Agreement 2020, subject to the modifications made to ensure compliance with minimum entitlements under the applicable award. The school is required to implement the agreement, and the Union is required to inform its members of the Commission's decision and the modifications made to the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established