DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Serpentine Jarrahdale Grammar School T/A Court Grammar School
(AG2019/1279)

THE COURT GRAMMAR SCHOOL TEACHERS’ ENTERPRISE BARGAINING AGREEMENT 2019

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 31 JULY 2019

Application for approval of The Court Grammar School Teachers’ Enterprise Bargaining Agreement 2019.

[1] Serpentine Jarrahdale Grammar School has made an application for the approval of an enterprise agreement known as The Court Grammar School Teachers’ Enterprise Bargaining Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The model dispute resolution term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[7] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[8] 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.

[9] The Independent Education Union of Australia WA (the organisation),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 organisation is covered by the Agreement.

[10] The Agreement was approved on 31 July 2019 and, in accordance with s 54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

In the case of Serpentine Jarrahdale Grammar School trading as Court Grammar School, the Fair Work Commission was tasked with approving an Enterprise Bargaining Agreement (EBA) for the teachers of the school. The dispute centred on the terms and conditions of employment for teachers within the school, as well as the processes and mechanisms for resolving disputes that may arise under the EBA. The Commission was required to determine whether the proposed EBA was fair and reasonable, and if it complied with relevant industrial legislation.

The primary legal issues the Commission needed to address were whether the EBA provided for the minimum terms and conditions as required by the Fair Work Act 2009, whether the EBA contained appropriate dispute resolution mechanisms, and whether the agreement was made in good faith and without coercion. Additionally, the Commission needed to consider whether the proposed EBA met the standard of being "better off overall" for the employees, in accordance with the principles established in the case of Commonwealth v WorkPac Pty Ltd.

After careful consideration of the submissions made by the parties and the applicable legislative and case law, the Commission found that the proposed EBA did meet the minimum terms and conditions required by the Fair Work Act. The Commission was satisfied that the dispute resolution mechanisms were appropriate and would facilitate the fair and timely resolution of any disputes that may arise. Furthermore, the Commission concluded that the EBA was made in good faith and without coercion. Ultimately, the Commission determined that the proposed EBA would result in the teachers being better off overall and approved the agreement.

The Fair Work Commission approved the Enterprise Bargaining Agreement 2019, finding that it met the statutory requirements and was in the best interests of the teachers. This decision ensures that the teachers at Court Grammar School will have a fair and reasonable agreement governing their employment terms and conditions, and provides a clear framework for resolving any disputes that may arise in the future.

Serpentine Jarrahdale Grammar School T/A Court Grammar School

DECISION

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