Sydney Church Of England Grammar School T/A Sydney Church Of England Grammar School

[2022] FWCA 4314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Church Of England Grammar School T/A Sydney Church Of England Grammar School

(AG2022/4740)

Shore Early Learning Centre Enterprise Agreement 2022 – 2024

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 8 DECEMBER 2022

Application for approval of the Shore Early Learning Centre Enterprise Agreement 2022 – 2024.

Sydney Church Of England Grammar School T/A Sydney Church Of England Grammar School (the Employer) has made an application for the approval of the Shore Early Learning Centre Enterprise Agreement 2022 – 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Independent Education Union of Australia (IEUA) was a bargaining representative for the Agreement and 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Sydney Church of England Grammar School sought approval of the Shore Early Learning Centre Enterprise Agreement 2022 – 2024, from the Fair Work Commission. The nature of the dispute involved the interpretation and application of the Fair Work Act 2009, and the criteria for approving an enterprise agreement. The court was required to determine whether the agreement met the legal standards for approval and if it was in the best interest of the employees.

The legal issues focused on whether the agreement had been fairly negotiated, if it contained the necessary minimum entitlements, and if it adhered to the procedural requirements under the Fair Work Act. The court also examined if the agreement included provisions that were outside the scope of the Act or were otherwise unlawful. The primary concern was to ensure that the agreement was consistent with the principles of industrial conciliation and arbitration as outlined in the legislation.

The Fair Work Commission found that the agreement was fairly negotiated and contained all necessary minimum entitlements. The court emphasised that the agreement adhered to the procedural requirements and did not contain any provisions that were outside the scope of the Fair Work Act. It was determined that the agreement was in the best interest of the employees and met all legal standards for approval. The commission granted the application for approval of the Shore Early Learning Centre Enterprise Agreement 2022 – 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established