DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Girls Grammar – an Anglican School T/A Melbourne Girls Grammar
(AG2016/7787)

MELBOURNE GIRLS GRAMMAR ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the Melbourne Girls Grammar Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Girls Grammar Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 2 March 2017 and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Girls Grammar, an Anglican School, filed an application for approval of its 2016 Enterprise Agreement. The school sought to establish terms and conditions for its employees under the Fair Work Act 2009. The dispute arose due to disagreements between the school and its employees' union regarding various aspects of the proposed agreement. The matter was heard in the Fair Work Commission.

The central legal issue was whether the proposed Enterprise Agreement met the "better off overall test" under the Fair Work Act. This test requires that employees, on average, be no worse off financially and have at least the same entitlements as under their previous agreement or applicable award. The Commission also needed to consider whether the agreement provided fair and reasonable terms and conditions for the employees.

In its decision, the Commission analysed the financial and non-financial terms of the proposed agreement. It compared these against the existing terms and the minimum standards set by relevant awards. The Commission found that, on balance, the proposed agreement satisfied the better off overall test, providing employees with increased financial benefits and improved conditions in areas such as leave entitlements and flexibility. The agreement was deemed to be fair and reasonable, addressing the concerns raised by the union.

The Commission approved the Enterprise Agreement, allowing it to come into effect from the specified date. This decision was based on the evidence presented, which demonstrated that the agreement met the statutory requirements and was in the interests of both the school and its employees. The approval marked the successful conclusion of the application process, with the agreement now forming the basis of employment terms for the school's staff.

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