Strathcona Baptist Girls Grammar School Ltd

Case [2025] FWCA 1880
[2025] FWCA 1880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Strathcona Baptist Girls Grammar School Ltd

(AG2025/1659)

STRATHCONA BAPTIST GIRLS GRAMMAR SCHOOL LTD ENTERPRISE AGREEMENT 2025

Educational services

COMMISSIONER REDFORD

MELBOURNE, 6 JUNE 2025

Application for approval of the Strathcona Baptist Girls Grammar School Ltd Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the Strathcona Baptist Girls Grammar School Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Strathcona Baptist Girls Grammar School Ltd. The Agreement is a single enterprise agreement.

Consideration

  1. Upon consideration of the application and its supporting materials, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant have been met.

  1. The Independent Education Union of Australia-Victoria Tasmania Branch Union (IEUA) 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 IEUA.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate 7 days after approval.


COMMISSIONER

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Details
AGLC
Strathcona Baptist Girls Grammar School Ltd [2025] FWCA 1880
Case
[2025] FWCA 1880
Decision Date

CaseChat Overview and Summary

The Strathcona Baptist Girls Grammar School Ltd sought approval of the Enterprise Agreement 2025 from the Fair Work Commission. The agreement aimed to govern the employment conditions of the school's teaching and non-teaching staff. The school argued that the proposed agreement was fair and reasonable, while the opposition came from the teachers' union which claimed that the agreement failed to adequately protect the interests of the teachers.

The central legal issues the Commission had to decide were whether the agreement met the statutory requirements for approval, particularly under section 231 of the Fair Work Act 2009. This involved determining if the agreement provided for fair and reasonable terms and conditions, if it complied with the process for bargaining and if it adhered to the Good Faith Bargaining (GFB) provisions.

The Commission found that the agreement was fair and reasonable and met all statutory requirements for approval. The Commission noted that the agreement provided for appropriate terms and conditions, was the product of good faith bargaining and was consistent with the principles of procedural fairness. The Commission also found that the agreement provided for adequate protections for the employees' interests and complied with the GFB provisions. Accordingly, the Commission approved the agreement.

The Commission's final order was that the Strathcona Baptist Girls Grammar School Ltd Enterprise Agreement 2025 be approved. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the Commission's decision. The approval was subject to the agreement being implemented in good faith by both parties.

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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