Penleigh and Essendon Grammar School Summary

[2023] FWCA 108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Penleigh and Essendon Grammar School

(AG2022/5400)

PENLEIGH AND ESSENDON GRAMMAR SCHOOL (TEACHER, KINDERGARTEN TEACHER, KINDERGARTEN ASSISTANT AND SCHOOL ASSISTANT STAFF) AGREEMENT 2022

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 JANUARY 2023

Application for approval of the Penleigh and Essendon Grammar School (Teacher, Kindergarten Teacher, Kindergarten Assistant and School Assistant Staff) Agreement 2022

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 2022 (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. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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. 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.

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.

The Agreement was approved on 13 January 2023 and, in accordance with s.54, will operate from 20 January 2023. The nominal expiry date of the Agreement is 13 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve the Penleigh and Essendon Grammar School (Teacher, Kindergarten Teacher, Kindergarten Assistant and School Assistant Staff) Agreement 2022. The applicants were the teachers and other staff of the school, and the respondents were the school administration. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The case was heard in the Fair Work Commission of Australia.

The central legal issue was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable set of terms and conditions, including wages and other employment benefits, for the teachers and support staff. The Commission also needed to ensure that the agreement complied with any relevant federal or state laws, and that it was in the best interests of the employees.

The Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission considered the evidence presented by both parties and examined the agreement's provisions in detail. The Commission concluded that the agreement provided for appropriate wages, conditions of employment, and other benefits that were commensurate with the roles and responsibilities of the teachers and support staff. The Commission also found that the agreement complied with all relevant laws and was in the best interests of the employees.

As a result, the Fair Work Commission approved the Penleigh and Essendon Grammar School (Teacher, Kindergarten Teacher, Kindergarten Assistant and School Assistant Staff) Agreement 2022. The agreement now serves as a legally binding contract between the school administration and the teachers and support staff, governing their terms and conditions of employment. The Commission's decision provides certainty and stability for both parties, ensuring that the agreement is fair, reasonable, and compliant with the law.

Penleigh and Essendon Grammar School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established