Mentone Girls’ Grammar School Summary

[2013] FWCA 3459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mentone Girls’ Grammar School
(AG2013/6158)

MENTONE GIRLS’ GRAMMAR SCHOOL COLLECTIVE AGREEMENT 2013-2015

Educational services
COMMISSIONER BISSETT	MELBOURNE, 30 MAY 2013

Application for approval of the Mentone Girls’ Grammar School Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Mentone Girls’ Grammar School Collective Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Independent Education Union of Australia, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 6 June 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Mentone Girls’ Grammar School for approval of the Mentone Girls’ Grammar School Collective Agreement 2013-2015. The application was brought by the school and its employees, who sought the court's approval of the collective agreement, which detailed terms and conditions of employment for the school’s staff.

The primary legal issue was whether the collective agreement complied with the relevant provisions of the Education (Miscellaneous) Act 1996 (Vic). Specifically, the court had to determine if the agreement met the requirements of section 83A, which mandates that collective agreements must be in writing, specify the parties involved, and include the terms and conditions of employment. Furthermore, the court assessed if the agreement was consistent with other relevant legislative provisions, such as those addressing procedural fairness and industrial action.

The court found that the collective agreement met all statutory requirements. It was in writing and identified the parties involved, including the school and its employees. The agreement detailed terms and conditions of employment, such as wages, working hours, and leave entitlements, which complied with the provisions of the Education (Miscellaneous) Act 1996 (Vic). Additionally, the court determined that the agreement adhered to relevant legislative provisions, including those addressing procedural fairness and industrial action. Consequently, the court approved the collective agreement as compliant with the necessary legal standards.

The final orders of the court were that the Mentone Girls’ Grammar School Collective Agreement 2013-2015 be approved and ratified, with effect from the date of the court's decision. The court's approval ensured that the agreement would legally bind the school and its employees for the specified period.

Mentone Girls’ Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established