Mentone Girls’ Grammar School

[2022] FWCA 4561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mentone Girls’ Grammar School

(AG2022/4941)

MENTONE GIRLS GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2022-2025

Educational services
COMMISSIONER P RYAN	SYDNEY, 22 DECEMBER 2022

Application for approval of the Mentone Girls’ Grammar School Enterprise Agreement 2022-2025

Mentone Girls Grammar School (Employer) has made an application for approval of an enterprise agreement known as the Mentone Girls Grammar School Enterprise Agreement 2022-2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The The Independent Education Union of Australia (IEU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW 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 FW Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Mentone Girls’ Grammar School, sought the Fair Work Commission's approval for the Mentone Girls’ Grammar School Enterprise Agreement 2022-2025. The school, a non-government educational institution, aimed to formalise the terms and conditions of employment for its teaching and non-teaching staff over the next three years. The primary dispute centred around the fairness and reasonableness of the proposed agreement, including wages, working conditions, and other employment-related matters. The Fair Work Commission, tasked with assessing the agreement's compliance with the Fair Work Act 2009, had to determine whether the agreement met the necessary criteria for approval.

The court's central task was to examine the proposed enterprise agreement's compliance with the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement was certified as a simple, low risk, or greenfields agreement, and whether it had been negotiated in good faith. Additionally, the court had to consider the agreement's compliance with the "better off overall test" to ensure that no employee would be worse off financially under the new agreement. The applicants needed to demonstrate that the proposed changes were reasonable and fair, taking into account the interests of both the employees and the institution.

Upon review, the Fair Work Commission found that the Mentone Girls’ Grammar School Enterprise Agreement 2022-2025 met the necessary criteria for approval. The agreement was certified as a simple agreement, and the applicants successfully demonstrated that it had been negotiated in good faith. Furthermore, the commission determined that the proposed changes would not result in any employee being worse off overall, thereby satisfying the "better off overall test." The commission concluded that the agreement was fair and reasonable, considering the interests of both the employees and the school, and approved the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established