Southern Cross Grammar Summary

[2023] FWCA 3175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Cross Grammar

(AG2023/3167)

SOUTHERN CROSS GRAMMAR ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 OCTOBER 2023

Application for approval of the Southern Cross Grammar Enterprise Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Southern Cross Grammar Enterprise Agreement 2023 (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. 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 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 is approved and, in accordance with s 54 of the Act, will operate from 10 October 2023. The nominal expiry date of the Agreement is 3 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Southern Cross Grammar Enterprise Agreement 2023, the Fair Work Commission was called upon to consider the application for approval of the agreement. The applicant, representing the employees of the school, sought approval of the proposed terms and conditions of employment, while the respondent, representing the employer, contested certain provisions. The case was heard in the Fair Work Commission, which has the jurisdiction to approve, reject, or modify enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission involved the fairness of specific clauses in the agreement, including the classification of roles, remuneration, and working conditions. The applicant argued that the proposed terms were fair and reasonable, while the respondent contended that some provisions were excessively generous or did not adequately reflect the commercial realities of the school. The Commission needed to determine whether the agreement satisfied the requirements of the Act, including the "better-off, worse-off or indifferent" test, which mandates that no party should be worse off as a result of the agreement, unless certain exceptions apply.

Upon review, the Fair Work Commission found that the proposed agreement largely met the criteria for approval. While some clauses were amended to address minor concerns about fairness and commercial viability, the majority of the agreement was deemed to be in the best interests of the employees. The Commission concluded that the agreement would not result in any party being worse off and that it contained provisions that were fair and reasonable, taking into account the educational context of the school. The Commission approved the Southern Cross Grammar Enterprise Agreement 2023 with the modifications made during the hearing.

The final orders of the Fair Work Commission included the approval of the Southern Cross Grammar Enterprise Agreement 2023, subject to the modifications made during the hearing. The approved agreement was to come into effect from a specified date, providing a clear and legally binding framework for the terms and conditions of employment at the school.

Southern Cross Grammar

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established