DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penleigh and Essendon Grammar School Limited T/A Penleigh and Essendon Grammar School
(AG2018/2358)

PENLEIGH AND ESSENDON GRAMMAR SCHOOL (TEACHER, KINDERGARTEN TEACHER, KINDERGARTEN ASSISTANT AND SCHOOL ASSISTANT STAFF) AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 SEPTEMBER 2018

Application for approval of the Penleigh and Essendon Grammar School (Teacher, Kindergarten Teacher, Kindergarten Assistant and School Assistant Staff) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Penleigh and Essendon Grammar School (Teacher, Kindergarten Teacher, Kindergarten Assistant and School Assistant Staff) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penleigh and Essendon Grammar School Limited T/A Penleigh and Essendon Grammar School. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement contained a referencing error at clause 4. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Independent Education Union of Australia (IEU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation
[6] The Agreement was approved on 7 September 2018 and, in accordance with s.54, will operate from 14 September 2018. The nominal expiry date of the Agreement is 7 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Penleigh and Essendon Grammar School Limited, trading as Penleigh and Essendon Grammar School, applied for the approval of a staff agreement covering teachers, kindergarten teachers, kindergarten assistants, and school assistants. The school argued that the proposed agreement would ensure fair and reasonable terms for both the school and its employees. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the criteria for approval as a modern award under the Act. Specifically, the school had to demonstrate that the agreement provided for fair and reasonable terms and conditions for the employees covered by it.

The Commission examined whether the proposed agreement contained terms that were fair and reasonable, as required by section 234(2) of the Act. This included assessing whether the agreement provided for minimum rates of pay, leave entitlements, and other terms and conditions that were not less favourable than those provided for in the relevant modern award. The Commission also considered whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes. The school argued that the proposed agreement met these requirements and provided for fair and reasonable terms and conditions for its employees.

The Commission found that the proposed agreement met the requirements for approval under the Act. The agreement provided for minimum rates of pay and leave entitlements that were not less favourable than those provided for in the relevant modern award. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes. The school had demonstrated that the proposed agreement provided for fair and reasonable terms and conditions for its employees.

The Commission approved the proposed agreement, which will now apply to teachers, kindergarten teachers, kindergarten assistants, and school assistants employed by the school. The approval of the agreement will provide certainty and stability for both the school and its employees, and will ensure that they are paid fair and reasonable terms and conditions of employment.

Penleigh and Essendon Grammar School Limited T/A Penleigh and Essendon Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established