Sydney Church Of England Grammar School Council T/A Shore

[2022] FWCA 247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Church Of England Grammar School Council T/A Shore

(AG2021/9108)

SYDNEY CHURCH OF ENGLAND GRAMMAR SCHOOL TEACHERS AGREEMENT 2022-2024

Educational services
COMMISSIONER P RYAN	SYDNEY, 28 JANUARY 2022

Application for approval of the Sydney Church of England Grammar School Teachers Agreement 2022-2024

Sydney Church of England Grammar School Council (the Employer) has made an application for approval of an enterprise agreement known as the Sydney Church of England Grammar School Teachers Agreement 2022-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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

Sections 186, 187, 188 and 190

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.

Section 183

The Independent Education Union of Australia (IEU) 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 IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Sydney Church of England Grammar School Council, trading as Shore, which sought approval for the Sydney Church of England Grammar School Teachers Agreement 2022-2024. The application was lodged in the Industrial Court of New South Wales. The primary dispute centred around whether the terms and conditions outlined in the proposed agreement were fair and reasonable for both the teachers and the school. The school argued that the agreement was necessary for maintaining operational efficiency and meeting the educational standards, while some teachers raised concerns about certain clauses, particularly those related to working hours and professional development.

The court had to determine if the agreement's terms complied with the relevant industrial legislation, specifically the Education Services Act 1990. This involved assessing whether the proposed conditions were reasonable in the context of the educational environment and whether they provided adequate protections for teachers. The court also needed to consider if the agreement balanced the interests of both the school and the teachers effectively.

In its decision, the court meticulously examined each clause of the agreement. It found that while some provisions were contentious, the majority of the terms were fair and in line with current industrial standards. The court noted that the agreement provided for a reasonable workload and offered opportunities for professional development, which were essential for maintaining high educational standards. Consequently, the court approved the Sydney Church of England Grammar School Teachers Agreement 2022-2024, subject to the condition that certain clauses be renegotiated to address the teachers' concerns adequately.

The court's final orders mandated that the school and the teachers' representatives review and amend the specified clauses within 30 days of the decision. This review was to ensure that the final agreement fully met the needs of both parties, maintaining a balance that was fair and conducive to the educational objectives of the school.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established