Pulteney Grammar School Inc

Case [2022] FWCA 3938
[2022] FWCA 3938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pulteney Grammar School Inc

(AG2022/4545)

Pulteney Grammar School Inc. Enterprise Agreement 2022

Educational services

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 9 NOVEMBER 2022

Application for approval of the Pulteney Grammar School Inc. Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Pulteney Grammar School Inc. Enterprise 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 Pulteney Grammar School Inc. The Agreement is a single enterprise agreement.

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

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2022. The nominal expiry date of the Agreement is 30 April 2025.


DEPUTY PRESIDENT

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Details
AGLC
Pulteney Grammar School Inc [2022] FWCA 3938
Case
[2022] FWCA 3938
Decision Date

CaseChat Overview and Summary

Pulteney Grammar School Inc applied to the Fair Work Commission for approval of its Enterprise Agreement 2022. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the school's staff, including issues of wages, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the Commission included whether the proposed agreement met the "better off overall test" (BOOT) and whether it contained all the mandatory terms required by the Fair Work Act. The Commission had to consider if the agreement provided employees with conditions that were no worse than, and at least as good as, those provided by the relevant award or registered agreement, and whether it contained all the necessary terms such as those relating to minimum wages, penalty rates, and notice of termination.

The Commission found that the Enterprise Agreement 2022 provided employees with conditions that were better off overall compared to their previous conditions under the relevant award. The agreement included provisions for wages, leave entitlements, and other employment terms that met the BOOT. Additionally, the Commission confirmed that the agreement contained all the mandatory terms required by the Fair Work Act. Consequently, the Commission approved the application and certified the Enterprise Agreement 2022 as meeting the legal requirements for approval.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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