DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pulteney Grammar School Inc
(AG2018/7316)

PULTENEY GRAMMAR SCHOOL INC. ENTERPRISE AGREEMENT (2018-2020)

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 APRIL 2019

Application for approval of the Pulteney Grammar School Inc. Enterprise Agreement (2018 - 2020).

[1] An application has been made for approval of an enterprise agreement known as the Pulteney Grammar School Inc. Enterprise Agreement (2018 - 2020) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pulteney Grammar School Inc. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 April 2019 and, in accordance with s.54, will operate from 3 May 2019. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pulteney Grammar School Inc, an independent school, applied for approval of its Enterprise Agreement (2018-2020). The application was heard by the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning good faith bargaining and whether the agreement was in the best interests of the employees.

The Commission examined whether the bargaining process adhered to the principles of good faith. It assessed if the agreement provided fair and reasonable terms and conditions for the employees and whether it was made in good faith. The Commission also considered whether the agreement would promote harmonious, productive, and cooperative workplace relations. The school argued that the agreement was a fair reflection of the negotiations and met the statutory requirements. The Commission found that the agreement was made in good faith and contained terms that were fair and reasonable, promoting harmonious workplace relations.

The Fair Work Commission approved the Enterprise Agreement (2018-2020) of Pulteney Grammar School Inc, determining that it met the statutory requirements under the Fair Work Act 2009. The agreement was found to be made in good faith and provided fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations.

Pulteney Grammar School Inc

DECISION

CaseChat Overview and Summary

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Legal Principle Established