DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oakleigh Grammar
(AG2020/631)

OAKLEIGH GRAMMAR ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 26 MARCH 2020

Application for approval of the Oakleigh Grammar Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Oakleigh 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 Oakleigh Grammar. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[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 is approved and in accordance with s.54, will operate from 2 April 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Independent Schools Victoria (ISV) sought approval for the Oakleigh Grammar Enterprise Agreement 2020. This agreement was proposed to govern the employment conditions of staff at Oakleigh Grammar, an independent secondary school in Melbourne. The application was contested by the Australian Education Union (AEU), which represented a number of the school's employees. The core dispute centred around the terms and conditions outlined in the proposed agreement, specifically regarding pay rates, working hours, and other employment conditions.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009, and whether it met the requirements for being a 'better off overall test' (BOOT) agreement. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The AEU argued that the proposed agreement did not adequately protect employees' rights and conditions, while ISV contended that the agreement was fair and reasonable, and in line with legislative requirements.

The Commission found that the proposed agreement met the necessary legislative criteria and passed the BOOT test. The Commission considered the specific needs of independent schools, including their financial constraints and unique operational environments. It determined that the agreement provided a fair and reasonable balance between the interests of the school and its employees. The Commission approved the Oakleigh Grammar Enterprise Agreement 2020, concluding that it complied with the relevant statutory provisions and provided adequate protections for the employees.

No further orders were made beyond the approval of the agreement.

Oakleigh Grammar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established